General
Band Realty Company, Respondent, v. North Brewster, Inc., Appellant, et al., Defendants
50 A.D.2d 828·New York Supreme Court, Appellate Division·1975·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
(December 15, 1975)
Band Realty Company, Respondent, v North Brewster, Inc., Appellant, et al., Defendants.
[MAJORITY]
— 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 plaintiffs 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 NY2d 460). Gulotta, P. J., Rabin, Hopkins, Latham and Margett, JJ., concur.