Kaufman v. Horowitz

In an action, inter alia, to cancel a mortgage loan and related agreements as usurious, the defendants Hyman Horowitz, Joyce Elish Pension Trust, and Joyce Elish individually, appeal from so much of an order of the Supreme Court, Suffolk County (McCarthy, J.), dated June 5, 1989, as granted the plaintiffs’ motion for a preliminary injunction, inter alia, barring efforts to collect on the promissory note underlying the mortgage, and denied their cross motion for summary judgment dismissing the complaint insofar as it is asserted against them, and the defendant Steven Horowitz has filed a…