Appellate Division of the Supreme Court of the State of New York February 12, 1970 (Crisafulli v. Childs)

Bastow, J.

In this action plaintiffs sought a declaration that a promissory note and related papers executed by them were null and void upon the ground that they violated the usury statutes of this State (General Obligations Law, §§ 5-501, 5-511). Defendant in his answer asserted a counterclaim to recover the balance due ($13,500) on the note together with other relief.