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Schwartz v. Fifty Greenwich Street Realty Corp.

265 N.Y. 443 Court N.Y. Decision date 1934-07-03 English

Decision Majority · Dissent — Crane, J.

Contents
p. 443
Michael R. Schwartz et al., Respondents, v. Fifty Greenwich Street Realty Corporation et al., Appellants.
(Argued June 6, 1934;
decided July 3, 1934.)
p. 444
Frederic H. McCoun for appellants.
Maurice I. Rappaport and Morris Cukor for respondents.

Judgment modified by reversing judgment as to individual defendant Leary, with costs to him in all courts, and as so modified affirmed, with costs against corporate appellants, on the authority of London v. Toney ( 263 N.Y. 439 ). No opinion. (See 265 N. Y. 512 .)

Concur: Pound, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ.

(dissenting). I dissent. As the corporation mortgagor could not plead usury, neither can the guarantor Leary.

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