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CHAMPION AUTO SALES, LLC v. PEARL BETA FUNDING, LLC

5995 158692/16.

159 A.D.3d 507 (2018)

69 N.Y.S.3d 798

2018 NY Slip Op 01645

CHAMPION AUTO SALES, LLC, et al., Appellants, v. PEARL BETA FUNDING, LLC, Respondent.

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

Decided March 15, 2018.

The court properly dismissed the complaint seeking to vacate the judgment by confession. The evidence demonstrates that the underlying agreement leading to the judgment by confession was not a usurious transaction (see generally Giventer v Arnow, 37 N.Y.2d 305, 309 [1975]; see Feld v Apple Bank for Sav., 116 A.D.3d 549, 553 [1st Dept 2014], lv denied 23 N.Y.3d 908...

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