Kuklis v. Treister

Judgment, Supreme Court, New York County (Blangiardo, J.), entered December 29, 1980, dismissing the complaint on the merits on motion at the close of plaintiffs’ case during trial, and order entered on January 6, 1981, denying motion to set aside said judgment, are unanimously affirmed, with costs. It is clear that if this was a loan to the individual defendants, it was usurious and unenforceable; if to the corporation, it was enforceable and not usurious. On the undisputed facts of this case, the only permissible inference was that this was a loan to the individuals. Plaintiffs say the loan…