Gettinger v. Lattingtown Harbor Development Co.

In an action to recover damages for breach of a contract to construct a road in front of certain real property purchased by plaintiffs from defendant, the defendant counterclaimed for the foreclosure of a purchase-money mortgage allegedly in default and given by plaintiffs to defendant to secure plaintiffs’ purchase-money bond, such counterclaim also being designated as a fourth defense; and the plaintiffs in their reply to such counterclaim interposed the defense of usury and a counterclaim for cancellation of the bond and mortgage as void for such usury. The parties cross-appeal as follows…