lender defense (New York) · Go Syfert
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lender defense in New York

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.

Followed or applied (2)

CaseFollowedCited
Pemper v. Reifergreen
nyappdiv · 1999 · cited in 3 New York opinions naming this issue, 2015–2022
2 sentences

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]).

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]).

33
Bronson v. Jacobsgreen
nyappdiv · 2022 · cited in 2 New York opinions naming this issue, 2025–2025
2 sentences

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]).

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]).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Bakhash v. Winston green
nyappdiv · 2015
2 sentences

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]).

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]).

22022–2022
In re the Estate of Dane green
nyappdiv · 1976
1 sentence

1999Moreover, 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 ).

11999–1999

Statutes the citing opinions construe

NY § N.Y. General Obligations Law § 5-511 (3)

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.

Where else courts name it

CA 9 (2004–2023) NY 6 (1999–2025) FL 6 (1956–2025) CT 3 (1998–2015) MD 3 (1947–2014) OK 2 (2000–2006) TX 2 (2015–2017) IL 2 (2025–2025) WI 2 (2018–2018) OR 2 (2015–2015)

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.

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