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MACHIDERA INC. v. TOMS

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1999
258 A.D.2d 418 (N.Y. App. Div. 1999)

Opinion

February 25, 1999

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).


The agreements sued upon are clearly instruments for the payment of money only, since repayment of the amounts owed is not conditional, and is required at a fixed maturity date ( see, Weissman v. Sinorm Deli, 88 N.Y.2d 437, 443-444). Contrary to defendant's claim, restrictions upon usurious loans are not applicable to the loans here at issue since the amounts involved were over $250,000 ( see, General Obligations Law § 5-501 Gen. Oblig. [6] [a]). Finally, the nail and mail service upon defendant complied with CPLR 308 (2), and, in any event, the second service mooted any questions concerning service irregularities.

Concur — Sullivan, J. P., Nardelli, Wallach and Tom, JJ.


Summaries of

MACHIDERA INC. v. TOMS

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1999
258 A.D.2d 418 (N.Y. App. Div. 1999)
Case details for

MACHIDERA INC. v. TOMS

Case Details

Full title:MACHIDERA INC., Respondent, v. NEWBY TOMS, Appellant

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

Date published: Feb 25, 1999

Citations

258 A.D.2d 418 (N.Y. App. Div. 1999)
685 N.Y.S.2d 719

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