Appellate Division of the Supreme Court of New York, 1975

Band Realty Co. v. North Brewster, Inc.

Band Realty Co. v. North Brewster, Inc.
Appellate Division of the Supreme Court of New York · Decided December 15, 1975
50 A.D.2d 828; 377 N.Y.S.2d 106; 1975 N.Y. App. Div. LEXIS 11680
Band Realty Co. v. North Brewster, Inc.

Opinion of the Court

— 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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