Legal Opinion
Am-Elm Realty, Inc. v. Stivers
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1977PublishedCited by 5 opinions
1Opinion of the CourtCardamons, J.
We are called upon to decide whether there exists a triable issue of fact in plaintiff’s (Am-Elm Realty, Inc.) mortgage foreclosure action against defendants-appellants, Robert L. Stivers and his wife, Glea A. Stivers, with respect to their affirmative defense in which they claim that the loan on which the action is based is usurious. We believe that there is such a fact issue and that Special Term incorrectly granted summary judgment to plaintiff.
The following facts set forth in plaintiff’s complaint in its foreclosure action were admitted in appellants’ answer. Robert and Glea Stivers…
2Cases cited8 opinions
- General Phoenix Corp. v. CabotNew York Court of Appeals · 1949
- Leader v. Dinkler Management Corp.New York Court of Appeals · 1967
- Hoffman v. Lee Nashem Motors, Inc.New York Court of Appeals · 1967
- Buoninfante v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1975
- Ranhand v. SinowitzNew York Court of Appeals · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Matter of FarrellUnited States Bankruptcy Court, E.D. New York · 1982
- Lakhaney v. AnzeloneDistrict Court, S.D. New York · 1992
- Dart Associates v. Ste-Con Corp.Appellate Division of the Supreme Court of the State of New York · 1978
- K.P. Associates v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1994
- Houck v. MayAppellate Division of the Supreme Court of the State of New York · 1984