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SCANTEK MEDICAL, INC. v. SABELLA

No. 08-CV-453(CM).

582 F.Supp.2d 472 (2008)

SCANTEK MEDICAL, INC., Plaintiff, v. Angela Chen SABELLA and Accordant Holdings, LLC, Defendants and Third-Party Plaintiffs, v. Mintz & Fraade, P.C., Fred Mintz, Alan Fraade, Mintz & Fraade Enterprises, LLC, Zsigmond L. Sagi, and Gibraltar Global Marketing LLC, Third-Party Defendants.

United States District Court, S.D. New York.

September 25, 2008.

Attorney(s) appearing for the Case

Alan Peter Fraade, Mintz & Fraade, P.C., New York, NY, for Plaintiff.

Kenneth Sussmane, McCue, Sussmane & Zapfel, P.C., New York, NY, for Defendants and Third-Party Plaintiffs.

DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

McMAHON, District Judge:

In this action plaintiff seeks a declaratory judgment that certain promissory notes and subscription agreements, used as consideration for loans by defendants to plaintiff, are void under New York state law because they violate the state's criminal usury statute. Plaintiff commenced this action in the Supreme Court of the County of New York; defendants removed it to federal...

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