General
Max Kaplan, Appellant, v. Isaac Cohen, Respondent, and Sarah Cohen and Others, Defendants. (Action No. 1.); Max Kaplan, Appellant, v. Isaac Cohen, Respondent, and Sabah Cohen and Others, Defendants. (Action No. 2.)
243 A.D. 814·New York Supreme Court, Appellate Division·1935·NY
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Opinion
Max Kaplan, Appellant, v. Isaac Cohen, Respondent, and Sarah Cohen and Others, Defendants. (Action No. 1.) Max Kaplan, Appellant, v. Isaac Cohen, Respondent, and Sabah Cohen and Others, Defendants. (Action No. 2.)
[MAJORITY]
— Actions to foreclose mortgages on real property. Judgments dismissing the eomplamts on the merits affirmed, with costs. In our opinion, the findings of usury at the inception of the mortgages, on September 16, 1925, are supported by the evidence. Hagarty, Tompkms, Davis and Johnston, JJ., concur; Lazansky, P. J., dissents and votes for reversal and a new trial on the ground that it was error to admit evidence as to the subsequent transactions respecting the extension agreements.