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MERCHANT v. VOLUNTEER PHARM

58741/16.

55 Misc.3d 316 (2016)

2016 NY Slip Op 26443

44 N.Y.S.3d 876

MERCHANT FUNDING SERVICES, LLC, Plaintiff, v. VOLUNTEER PHARMACY INC., Doing Business as VOLUNTEER PHARMACY, et al., Defendants.

Supreme Court, Westchester County.

Decided December 30, 2016.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for defendants.

Renata Bukhman, New York City, for plaintiff.

OPINION OF THE COURT

A judgment based on a loan agreement that is usurious on its face does not require a plenary action to vacate that judgment. The fact that the loan agreement is denominated by another name does not shield it from a judicial determination that such agreement contemplates a criminally usurious transaction...

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