Brest v. Kleidman

—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered October 19, 2001, which, inter alia, granted plaintiffs motion for summary judgment in lieu of complaint pursuant to CPLR 3213, unanimously affirmed, without costs.

Relying on Eikenberry v Adirondack Spring Water Co. (65 NY2d 125), which permitted a lender to recover under the parties’ original valid loan agreement even though two subsequent agreements extending the maturity date of the note were declared void for charging a civilly usurious rate of interest, the motion court properly rejected defendant’s argument that…