Foreclosures—Since There Were Triable Issues of Fact with Respect to a Usury Affirmative Defense, Court Denied Plaintiff's Motion for Summary Judgement—Borrower Argued That Certain Fees Were Unreasonable and Should Be Counted in Calculating the Interest Rate—"Whether a Transaction Constitutes a 'Cover for Usury' is a Question of Fact"

A plaintiff in a mortgage foreclosure action had made a motion to renew an earlier pre‑discovery motion for summary judgement and dismissal of the borrower's answer with affirmative defenses and for an order appointing a referee to hear and compute the amount due and owing by the borrower on two notes and mortgages. The subject property is a one family residential property. The defendant allegedly owed a principal amount of $499,990 based on a "first loan," and $250,000 based on a "second loan."