Band Realty Co. v. North Brewster, Inc.

Appellate Division of the Supreme Court of New York

Band Realty Co. v. North Brewster, Inc.

50 A.D.2d 828, 377 N.Y.S.2d 106, 1975 N.Y. App. Div. LEXIS 11680

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1975·Published·Cited by 1 cases

Opinion

— In an action to foreclose a mortgage on real property, defendant North Brewster, Inc., appeals from a judgment of the Supreme Court, Dutchess County, entered February 21, 1975, upon a prior determination granting plaintiffs motion for summary judgment. Judgment affirmed, with $50 costs and disbursements. In determining whether interest is usurious, courts should not substitute the "present-value” method of computing interest for the traditional method of computation (Band Realty Co. v North Brewster, 37 NY2d 460). Gulotta, P. J., Rabin, Hopkins, Latham and Margett, JJ., concur.

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— In an action to foreclose a mortgage on real property, defendant North Brewster, Inc., appeals from a judgment of the Supreme Court, Dutchess County, entered February 21, 1975, upon a prior determination granting plaintiffs motion for summary judgment. Judgment affirmed, with $50 costs and disbursements. In determining whether interest is usurious, courts should not substitute the "present-value” method of computing interest for the traditional method of computation (Band Realty Co. v North Brewster, 37 NY2d 460). Gulotta, P. J., Rabin, Hopkins, Latham and Margett, JJ., concur.

Band Realty Co. v. North Brewster, Inc., 50 A.D.2d 828, 377 N.Y.S.2d 106, 1975 N.Y. App. Div. LEXIS 11680 (N.Y. Ct. App. 1975).

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50 A.D.2d 828 (Band Realty Co. v. North Brewster, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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