The Appellate Division affirmed the Order which granted plaintiff's motion for summary judgment in lieu of complaint and denied defendant's cross motion for summary judgment. The plaintiff made a prima facie showing by proof of the parties' agreement and defendant's failure to make the required payments. The defendant failed to raise an issue of fact as to his defense that the loan is unenforceable under General Obligation Law § 5-413 as a loan made for the purpose of gambling or as a loan with a usurious interest rate. The defendant argued that the plaintiff's motion is premature, citing a need for discovery of a locked flash drive on which plaintiff allegedly maintained a spreadsheet of usurious loans. The Appellate Division rejected the argument, as he failed to explain why he was unable to maintain his own tally of monies loaned, monies paid, and interest rates.
Bronson v. Jacobs, NY Slip Op 04081 (1st Dep't June 24, 2021)
