Appellate Division of the Supreme Court of the State of New York January 21, 1977 (Am-Elm Realty, Inc. v. Stivers)

Cardamons, J.

We are called upon to decide whether there exists a triable issue of fact in plaintiff’s (Am-Elm Realty, Inc.) mortgage foreclosure action against defendants-appellants, Robert L. Stivers and his wife, Glea A. Stivers, with respect to their affirmative defense in which they claim that the loan on which the action is based is usurious.