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6 New York opinions name it 2 courts 1999–2025 4 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Pemper v. Reifergreen2 sentences2022While plaintiff averred in opposition to the motion to dismiss that Schreiber proposed the terms of the loans (contradicting the verified complaint's allegations that the terms were negotiated between plaintiff and Schreiber), it is well established that, "even if defendant drafted the note, that does not relieve the lender from a defense of usury" ( Bakhash v Winston , 134 AD3d 468 , 469 [1st Dept 2015] [internal quotation marks omitted], quoting Pemper v Reifer , 264 AD2d 625, 626 [1st Dept 1999]). 2022While plaintiff averred in opposition to the motion to dismiss that Schreiber proposed the terms of the loans (contradicting the verified complaint's allegations that the terms were negotiated between plaintiff and Schreiber), it is well established that, "even if defendant drafted the note, that does not relieve the lender from a defense of usury" ( Bakhash v Winston , 134 AD3d 468 , 469 [1st Dept 2015] [internal quotation marks omitted], quoting Pemper v Reifer , 264 AD2d 625, 626 [1st Dept 1999]). | 3 | 3 |
Bronson v. Jacobsgreen2 sentences2025Because summary judgment has been granted as to Lender's claim for payment of the Debt under the Guaranty, the court agrees that Lender is also entitled to its reasonable cost of collection under the plain terms of the Guaranty ( see Bronson v Jacobs , 204 AD3d 531 , 532 [1st Dept 2022] [granting request for reasonable attorneys' fees and cost upon showing of entitlement under promissory note]). 2025Because summary judgment has been granted as to Lender's claim for payment of the Debt under the Guaranty, the court agrees that Lender is also entitled to its reasonable cost of collection under the plain terms of the Guaranty ( see Bronson v Jacobs , 204 AD3d 531, 532 [1st Dept 2022] [granting request for reasonable attorneys' fees and cost upon showing of entitlement under promissory note]). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bakhash v. Winston
green
2 sentences2022While plaintiff averred in opposition to the motion to dismiss that Schreiber proposed the terms of the loans (contradicting the verified complaint's allegations that the terms were negotiated between plaintiff and Schreiber), it is well established that, "even if defendant drafted the note, that does not relieve the lender from a defense of usury" ( Bakhash v Winston , 134 AD3d 468 , 469 [1st Dept 2015] [internal quotation marks omitted], quoting Pemper v Reifer , 264 AD2d 625, 626 [1st Dept 1999]). 2022While plaintiff averred in opposition to the motion to dismiss that Schreiber proposed the terms of the loans (contradicting the verified complaint's allegations that the terms were negotiated between plaintiff and Schreiber), it is well established that, "even if defendant drafted the note, that does not relieve the lender from a defense of usury" ( Bakhash v Winston , 134 AD3d 468 , 469 [1st Dept 2015] [internal quotation marks omitted], quoting Pemper v Reifer , 264 AD2d 625, 626 [1st Dept 1999]). | 2 | 2022–2022 |
In re the Estate of Dane
green
1 sentence1999Moreover, the fact that the borrower sets the rate of interest does not relieve the lender from a defense of usury (Matter of Dane, 55 AD2d 224, 226 ). | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.