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Abramovitz v. Kew Realty Equities, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1992
180 A.D.2d 568 (N.Y. App. Div. 1992)

Summary

finding a special relationship where defendant-borrowers, experienced and sophisticated businessmen and lawyers, took advantage of plaintiff's long-standing friendship and trust in his attorney, one of the defendants, who drafted the original documents and set the financial terms that defendants later claimed were usurious

Summary of this case from Hufnagel v. George

Opinion

February 25, 1992

Appeal from the Supreme Court, New York County (Joan B. Lobis, J.).


The record reveals that the individual defendants, Abraham Mordowitz and Harry Skydell, both experienced and sophisticated businessmen licensed to practice law in this State, induced plaintiff to advance them $650,000 to further their real estate interests, by taking advantage of plaintiff's longstanding friendship and trust in his attorney, Mordowitz, and by promising him a "profit" and "fee" on his investment; that defendant Mordowitz then drafted the original documents and set the financial terms that defendants now claim are usurious; and that although defendants were aware of the legal rate of interest at the time they drafted the documents and borrowed the money, they did not so advise the plaintiff, nor did they advise him to seek independent counsel. A borrower, who, because of a fiduciary or other like relationship of trust with the lender, is under a duty to speak and who fails to disclose the illegality of the rate of interest he proposes, is estopped from asserting the defense of usury where the lender rightfully relies upon the borrower in making the loan (Hammond v. Marrano, 88 A.D.2d 758; Schaaf v Borsher, 82 A.D.2d 880). Accordingly, defendants should be estopped from asserting the defense of usury.

We have considered defendants' remaining arguments and find them to be without merit.

Concur — Carro, J.P., Wallach, Kassal and Rubin, JJ.


Summaries of

Abramovitz v. Kew Realty Equities, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1992
180 A.D.2d 568 (N.Y. App. Div. 1992)

finding a special relationship where defendant-borrowers, experienced and sophisticated businessmen and lawyers, took advantage of plaintiff's long-standing friendship and trust in his attorney, one of the defendants, who drafted the original documents and set the financial terms that defendants later claimed were usurious

Summary of this case from Hufnagel v. George
Case details for

Abramovitz v. Kew Realty Equities, Inc.

Case Details

Full title:ISER ABRAMOVITZ, Respondent, v. KEW REALTY EQUITIES, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 25, 1992

Citations

180 A.D.2d 568 (N.Y. App. Div. 1992)
580 N.Y.S.2d 269

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