Chemical Bank v. Van De Maele

Appellate Division of the Supreme Court of New York

Chemical Bank v. Van De Maele

51 A.D.2d 566, 378 N.Y.S.2d 1011, 1976 N.Y. App. Div. LEXIS 10837

Appellate Division of the Supreme Court of the State of New York·Decided January 26, 1976·Published

Opinion

In an action on a promissory note, defendant appeals from an order of the Supreme Court, Nassau County, entered October 15, 1975, which denied her motion for summary judgment. Order affirmed, with $50 costs and disbursements. Triable issues of fact exist as to whether (1) defendant is estopped from raising the defense of usury and (2) her actions constituted a waiver of such defense. Hopkins, Acting P. J., Martuscello, Cohalan, Rabin and Shapiro, JJ., concur.

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In an action on a promissory note, defendant appeals from an order of the Supreme Court, Nassau County, entered October 15, 1975, which denied her motion for summary judgment. Order affirmed, with $50 costs and disbursements. Triable issues of fact exist as to whether (1) defendant is estopped from raising the defense of usury and (2) her actions constituted a waiver of such defense. Hopkins, Acting P. J., Martuscello, Cohalan, Rabin and Shapiro, JJ., concur.

Chemical Bank v. Van De Maele, 51 A.D.2d 566, 378 N.Y.S.2d 1011, 1976 N.Y. App. Div. LEXIS 10837 (N.Y. Ct. App. 1976).

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51 A.D.2d 566 (Chemical Bank v. Van De Maele) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.