Gusmorino v. Hudson

Appellate Division of the Supreme Court of New York

Gusmorino v. Hudson

3 A.D.2d 762, 160 N.Y.S.2d 391, 1957 N.Y. App. Div. LEXIS 6132

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 18, 1957

StatusPublished

This text of 3 A.D.2d 762 (Gusmorino v. Hudson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gusmorino v. Hudson, 3 A.D.2d 762, 160 N.Y.S.2d 391, 1957 N.Y. App. Div. LEXIS 6132 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action to foreclose a mortgage on real property, the appeal is from so much of a resettled order as denied appellants' motion to strike out the answer and for summary judgment. Order insofar as appealed from affirmed, without costs. Under the facts presented by this record, the prior judgment having been vacated, the doctrine of res judicata does not preclude respondent from asserting the defense of usury. Whether or not appellants had knowledge of the usurious scheme or plan alleged in the answer presents .a question of fact which should be tried. Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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In an action to foreclose a mortgage on real property, the appeal is from so much of a resettled order as denied appellants' motion to strike out the answer and for summary judgment. Order insofar as appealed from affirmed, without costs. Under the facts presented by this record, the prior judgment having been vacated, the doctrine of res judicata does not preclude respondent from asserting the defense of usury. Whether or not appellants had knowledge of the usurious scheme or plan alleged in the answer presents .a question of fact which should be tried. Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

3 A.D.2d 762, 160 N.Y.S.2d 391, 1957 N.Y. App. Div. LEXIS 6132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gusmorino-v-hudson-nyappdiv-1957.