Pacer/Cats/CCS v. MovieFone, Inc.
Opinion of the Court
Order, Supreme Court, New York County (Robert Lippmann, J.), entered August 22, 1995, which granted defendants’ motion to stay the present action pending resolution of arbitration between them and PCC Management, Inc., unanimously affirmed, with costs.
This action, brought by the successor to Pacer Cats Corporation, seeks a declaration that the February 14, 1992 agree
The IAS Court correctly determined that plaintiff lacked standing to assert that the February 1992 agreement was void as usurious, and therefore not subject to arbitration, since plaintiff is statutorily precluded by General Obligations Law § 5-521 from raising usury, either affirmatively or as a defense (Intima-Eighteen, Inc. v Schreiber Co., 172 AD2d 456, 457, lv denied 78 NY2d 856).
We have considered plaintiff’s remaining arguments and find them to be without merit. Concur—Milonas, J. P., Ellerin, Rubin, Ross and Mazzarelli, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.