Opinion
Argued September 17, 1999
October 25, 1999
In an action to foreclose a mortgage, the defendant Gilda Bernsley appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.).
ORDERED that the order is affirmed, with costs.
The appellant did not meet her burden of establishing usury by clear and convincing evidence (see, Giventer v. Arnow, 37 N.Y.2d 305 ;Lloyd Capital Corp. v. Pat Henchar, Inc., 80 N.Y.2d 124 ; Feinberg v. Old Vestal Rd. Assocs., 157 A.D.2d 1002 ).
The appellant's remaining contentions do not require reversal.
JOY, J.P., FRIEDMANN, GOLDSTEIN, and McGINITY, JJ., concur.