K.P. Associates v. D'Agostino

In an action, inter alia, to foreclose two mortgages, the defendants Michael D’Agostino, Nicholas D’Agostino, Vivian D’Agostino, M.J.S. D’Agostino & Co., Inc., and Steven D’Agostino appeal from an order of the Supreme Court, Suffolk County (Floyd, J.), entered November 14, 1991, which granted the plaintiff’s motion for summary judgment against them.

Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion is denied.

On July 17, 1986, the defendant M.J.S. D’Agostino & Co., Inc., a corporation, took a $50,000 loan from the plaintiff at 20% interest. The loan was…