Shapiro v. Weissman

In an action to foreclose a mortgage on real property in which the defense is usury, the appeal is from an order granting a motion for summary judgment striking out appellants’ answer (Rules Civ. Prac., rule 113). Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. The affidavits submitted on *753the motion present an issue of fact as to whether the loan was made to a corporation and guaranteed by appellants, in which event appellants would be precluded from pleading usury as a defense (General Business Law, § 374; Salvin v. Myles Realty Co., 227 N. Y. 51, 58), or…