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Russo v. Carey – Case Brief Summary (New York)

In Russo v. Carey (271 AD2d 889, 706 N.Y.S.2d 760 [3d Dept 2000]), the court found a triable issue of fact where the lender claimed that he was induced to make the loan because of his friendship with the borrower for whom he felt sympathy because the borrower's husband was undergoing open heart surgery.

In that case, there was also evidence suggesting that defendant deliberately placed usurious rates in the note to avoid repayment (See Russo, 271 AD2d at 890).