New York Supreme Court December 30, 2016 (Merchant Funding Services, LLC v. Volunteer Pharmacy Inc.)

OPINION OF THE COURT

David F. Everett, J.

A judgment based on a loan agreement that is usurious on its face does not require a plenary action to vacate that judgment. The fact that the loan agreement is denominated by another name does not shield it from a judicial determination that such agreement contemplates a criminally usurious transaction.

Defendants Volunteer Pharmacy Inc.