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Band Realty Co. v. North Brewster, Inc.

50 A.D.2d 828 Court N.Y. App. Div. Decision date 1975-12-15 English

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p. 828
(December 15, 1975)
Band Realty Company, Respondent, v North Brewster, Inc., Appellant, et al., Defendants.

— 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.

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