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DEL RUBIO v. DUCHESNE

284 A.D. 89 (1954)

Manuel Del Rubio, Respondent, v. Francisco Duchesne et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 11, 1954.

Attorney(s) appearing for the Case

Edward Nathan of counsel (Irving E. Fromer, attorney), for appellants.

Henry L. Redner of counsel (Ader & Smith, attorneys), for respondent.

PECK, P. J., COHN, BREITEL and BOTEIN, JJ., concur.

BERGAN, J.

The complaint is in the usual form for the foreclosure of a purchase-money mortgage which plaintiff holds as assignee. The defendants Calvente, who were the mortgagors, and the defendant Duchesne, their grantee now in possession, assert that the mortgage is usurious and unenforcible. The court at Special Term was of opinion that usury is no answer to the foreclosure of a purchase-money mortgage and plaintiff...

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