Hort v. Devine

Order, Supreme Court, New York County (Charles Ramos, J.), entered July 1, 2003, which, to the extent appealed from as limited by the brief, denied defendant’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

The court properly denied defendant’s cross motion for summary judgment dismissing the complaint on the ground of usury. At the outset, we reject plaintiffs argument that the usury statute (Penal Law § 190.40) does not apply to this case. We further find that plaintiffs estoppel argument involves questions of fact to be raised at trial, and…