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Band Realty Company v. North Brewster, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1975
50 A.D.2d 828 (N.Y. App. Div. 1975)

Opinion

December 15, 1975


In an action to foreclose a mortgage on real property, defendant North Brewster, Inc., appeals from a judgment of the Supreme Court, Dutchess County, entered February 21, 1975, upon a prior determination granting plaintiff's motion for summary judgment. Judgment affirmed, with $50 costs and disbursements. In determining whether interest is usurious, courts should not substitute the "present-value" method of computing interest for the traditional method of computation (Band Realty Co. v North Brewster, 37 N.Y.2d 460). Gulotta, P.J., Rabin, Hopkins, Latham and Margett, JJ., concur.


Summaries of

Band Realty Company v. North Brewster, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1975
50 A.D.2d 828 (N.Y. App. Div. 1975)
Case details for

Band Realty Company v. North Brewster, Inc.

Case Details

Full title:BAND REALTY COMPANY, Respondent, v. NORTH BREWSTER, INC., Appellant, et…

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

Date published: Dec 15, 1975

Citations

50 A.D.2d 828 (N.Y. App. Div. 1975)

Citing Cases

Band Realty Company v. North Brewster, Inc.

In 1975 the plaintiff mortgagee obtained a judgment of foreclosure and sale against the defendant mortgagor.…