Chemical Bank v. Van De Maele

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.