Legal Opinion
Ruminant Nitrogen Products v. Zittel
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1980PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously modified, without costs, in accordance with the following memorandum: Defendant, in this breach of contract action, raised a number of affirmative defenses. Plaintiff moved under CPLR 3211 (subd [b]) to strike three of the affirmative defenses: the fifth, alleging that the contract was usurious; the sixth, alleging that the finance charges were in the nature of penalties; and the seventh, setting forth that the contract violated several State and Federal statutes. On the return date of the motion the court, under CPLR 3211 (subd [c]), ordered a hearing on the factual issues…
2Cases cited4 opinions
- Union Estates Co. v. . Adlon Construction Co.New York Court of Appeals · 1917
- Zachary v. R. H. Macy & Co.New York Court of Appeals · 1972
- GTP Leisure Products, Inc. v. CannellaAppellate Division of the Supreme Court of the State of New York · 1977
- Zenith Financial Corp. v. Jolly Gene Distributor, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
3Cited by5 opinions
- Manfra, Tordella & Brookes, Inc. v. Francisco BungeCourt of Appeals for the Second Circuit · 1986
- Price Bros. Co. v. Olin Const. Co., Inc.District Court, W.D. New York · 1981
- VFS Financing, Inc. v. Falcon Fifty LLCDistrict Court, S.D. New York · 2014
- General Motors Acceptance Corp. v. MorgeseAppellate Division of the Supreme Court of the State of New York · 1990
- Orix Credit Alliance, Inc. v. Northeastern Tech Excavating Corp.Appellate Division of the Supreme Court of the State of New York · 1995