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Stein v. Nellen Development Corp.

65 A.D.2d 789, 410 N.Y.S.2d 321, 1978 N.Y. App. Div. LEXIS 13652
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 20, 1978
StatusPublished
Cited by4 cases

This text of 65 A.D.2d 789 (Stein v. Nellen Development Corp.) 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
Stein v. Nellen Development Corp., 65 A.D.2d 789, 410 N.Y.S.2d 321, 1978 N.Y. App. Div. LEXIS 13652 (N.Y. Ct. App. 1978).

Opinion

In an action to foreclose a mortgage, the appeal, as limited by appellants’ notice of appeal and brief, is from so much of an order of the Supreme Court, Suffolk County, entered December 29, 1977, as denied the branch of their cross motion which sought to dismiss the complaint as against them on the ground of usury. Order affirmed insofar as appealed from, with $50 costs and disbursements. Assuming, arguendo, that the agreement to extend the purchase-money mortgage was usurious, it would not invalidate the original obligation under the mortgage (see Gross v Lichtman, 55 AD2d 670; Marks, Maloney & Paperno, Mortgages and Mortgage Foreclosure in New York, § 251, p 353). Latham, J. P., Suozzi, Gulotta, Shapiro and Cohalan, JJ., concur.

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Related

Abir v. Malky, Inc.
59 A.D.3d 646 (Appellate Division of the Supreme Court of New York, 2009)
Stein v. Nellen Development Corp.
123 Misc. 2d 268 (New York Supreme Court, 1984)
Stein v. Blatte
118 Misc. 2d 633 (New York Supreme Court, 1983)
Schreiber v. Thistle, Inc.
108 Misc. 2d 333 (New York Supreme Court, 1981)

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Bluebook (online)
65 A.D.2d 789, 410 N.Y.S.2d 321, 1978 N.Y. App. Div. LEXIS 13652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-nellen-development-corp-nyappdiv-1978.