Appellate Division of the Supreme Court of New York, 1985

Greenberg v. Nusbaum

Greenberg v. Nusbaum
Appellate Division of the Supreme Court of New York · Decided December 16, 1985
115 A.D.2d 587; 496 N.Y.S.2d 959; 1985 N.Y. App. Div. LEXIS 55010
Greenberg v. Nusbaum

Opinion of the Court

In an action to recover on promissory notes, defendant appeals from a judgment of the Supreme Court, Kings County (Ramirez, J.), dated September 24, 1984, which was in plaintiffs’ favor in the principal sum of $25,000 plus interest at the statutory rate from November 1, 1976.

Judgment affirmed, with costs.

The issue of usury was presented to Trial Term on a stipulated set of facts. Unfortunately, the parties decided to leave out certain crucial facts leaving it up to the court to draw certain inferences which they now debate. Under all the circumstances, we conclude that an affirmance is appropriate. Lazer, J. P., Thompson, O’Connor, Rubin and Kunzeman, JJ., concur.

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