Under the circumstances presented herein, the court properly treated defendants' motion for summary judgment as a motion to dismiss under CPLR 3211 (a) (1).
Although plaintiff argues that the 20% interest charge on a $20,000 promissory note was usurious, there is nothing in the record to support his claim that such a rate was ever charged. In fact, plaintiff himself used this amount in calculating the payoff on the balance due. After plaintiff assumed the 20% rate...
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