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Kingsize Entm't LLC v. Martino

Court Erred on Estoppel in Pais Doctrine; Appellant Showed Loan Interest Rate Usurious

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DECISION & ORDER

*1  Appeal from an order of the Supreme Court, Suffolk County (Robert F. Quinlan, J.), dated October 6, 2016. The order, insofar as appealed from, (1) denied the motion of the defendant Vincent Jarvis for summary judgment dismissing the complaint insofar as asserted against him, and (2) denied the separate motion of the defendant Vincent Jarvis to vacate a default judgment entered against the defendant Kenneth Martino. ORDERED that the order is modified, on the law, by deleting the provision thereof denying the motion of the defendant Vincent Jarvis for summary judgment dismissing the complaint insofar as asserted against him, and substituting therefor a provision granting the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellant.It is undisputed that the plaintiff loaned the defendant Kenneth Martino the sum of $30,000, and in return received a promissory note that charged a usurious rate of interest. The defendant Vincent Jarvis personally guaranteed the note along with Martino. Ultimately, Martino failed to make any payment under the note, and the plaintiff commenced this action against him and Jarvis to recover the sums owed. Jarvis answered the complaint and alleged, as an affirmative defense, that the note was illegal and void because of the usurious interest rate. Martino failed to

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