Frey v. Malrath Real Estate Development Corp.

Appeal from an order of the Supreme Court (Rose, J.), entered July 22, 1992 in Broome County, which denied defendant’s motion for summary judgment dismissing the complaint.

At issue on this appeal is whether Supreme Court erred in denying summary judgment to defendant based upon its claim that the transaction underlying plaintiffs’ action involved a criminally usurious loan. We agree with Supreme Court that questions of fact exist concerning the nature of the transaction and, therefore, affirm.

Pursuant to the terms of two separate but identically worded agreements dated September 30, 1987,…