Appellate Division of the Supreme Court of New York, 2002

Brest v. Kleidman

Brest v. Kleidman
Appellate Division of the Supreme Court of New York · Decided December 17, 2002
300 A.D.2d 133; 751 N.Y.S.2d 473; 2002 N.Y. App. Div. LEXIS 12487
Brest v. Kleidman

Cases that cite this one

1 later published case cites this decision.

  • Welz v. Brown (Appellate Division of the Supreme Court of New York 2024)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered October 19, 2001, which, inter alia, granted plaintiffs motion for summary judgment in lieu of complaint pursuant to CPLR 3213, unanimously affirmed, without costs.

Relying on Eikenberry v Adirondack Spring Water Co. (65 NY2d 125), which permitted a lender to recover under the parties’ original valid loan agreement even though two subsequent agreements extending the maturity date of the note were declared void for charging a civilly usurious rate of interest, the motion court properly rejected defendant’s argument that the entire loan agreement between the parties should be declared void based upon a postdefault extension of the original loan, alleged by defendant to charge a criminally usurious rate of interest. The principle that an obligation valid at its inception is not invalidated or tainted with usury by a subsequent usurious transaction applies regardless of whether the subsequent transaction is civilly or criminally usurious. Hammelburger v Foursome Inn Corp. (54 NY2d 580), in which issues of fact were found as to whether the loan agreement there involved was criminally usurious from its inception, does not require a contrary conclusion. Concur — Tom, J.P., Buckley, Friedman, Marlow and Gonzalez, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.