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CENTI v. McGILLIN

No. 105.

34 N.Y.3d 1072 (2019)

139 N.E.3d 390

115 N.Y.S.3d 769

2019 NY Slip Op 09058

MARK CENTI, Respondent, v. MICHAEL MCGILLIN, Appellant.

Court of Appeals of New York.

Decided December 19, 2019.

Attorney(s) appearing for the Case

Hurwitz & Fine, P.C., Buffalo (Edward B. Flink of counsel), and Flink Maswick Law PLLC, Lake Placid (Edward B. Flink of counsel), for appellant.

Feeney and Centi, Albany (Daniel J. Centi of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The doctrine of waiver does not preclude consideration of defendant's challenge here to the enforceability of the loan on the ground that it was funded by illegal gambling proceeds. Nevertheless, that defense was properly rejected on the merits. Given our strong public policy favoring freedom of contract, agreements are generally enforceable by their...

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