Mittman v. Kuo

In an action to foreclose a second mortgage on real property, the defendants interposed the defenses of usury and violations of section 131 of the Banking Law and section 18 of the General Corporation Law. Both sides have moved for summary judgment, and the People of the State of New York, not originally made a party to this action, have moved by the Attorney-General permanently to enjoin the plaintiffs from prosecuting their action and enforcing the bond, note, mortgage and assignment recited in the complaint and to dismiss the same and to decree that the State’s lien for alleged unpaid…