BABCOCK v. BERLIN


123 Misc.2d 1030 (1984)

Walter E. Babcock et al., Plaintiffs, v. Georgina Berlin et al., Defendants.

Supreme Court, Special Term, Suffolk County.

April 9, 1984


Attorney(s) appearing for the Case

Stim & Warmuth, P. C., for Georgina Berlin, defendant. Richard T. Sinrod for Fred Gothe, defendant. Robert W. Reinhold for plaintiffs.


LESTER E. GERARD, J.

Motion is granted.

This motion by defendant Georgina Berlin seeks summary judgment pursuant to CPLR 3212 dismissing the complaint and declaring the subject mortgage void for usury.

The plaintiffs commenced an action wherein they sought a judgment reforming a certain contract by changing the interest rate from 18½% to 16% per annum, the latter figure representing the legal permissible rate of interest at the time...

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