Farber v. Debruin

In a foreclosure action in which the defense was usury, a motion by plaintiff for summary judgment was granted and the appealing defendant’s cross-motion for an examination of the plaintiff’s attorney and agent, who handled the entire transaction, was denied. Order reversed on the law and the facts, with ten dollars costs and disbursements, motion for summary judgment denied, with ten dollars costs, and motion for examination granted, with ten dollars costs, and the matter of the examination remitted to Special Term to settle the subjects of the examination and to fix a date for such…