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ki2002rom

05/24/18 9:38 PM

#69887 RE: TenKay #69876

FALSE

The defendant will
demonstrate to this court that the transactions violate New York’s criminal usury laws,
specifically Penal Law §190.40, and are thus void, ab initio, pursuant to G.O.L §5-511. It is well
established that loans that charge an interest rate exceeding 25% in New York, violate New
York’s usury laws and are void as a matter of law pursuant to G.O.L §5-511. See Rothstein v.
Isolation Film LLC, 2017 U.S. Dist. 59133 (S.D.N.Y. Mar. 22, 2017) where this court held that
the underlying obligation being sued upon was criminally usurious, void as a matter of law, and
dismissed the complaint pursuant to Fed. R. Civ. Pro. §12(b)(6). The usury avoidance statute also
applies to all collateral agreements in connection with a criminally usurious transaction. (See
New York G.O.L. §5-511(2)).
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Ziptrader0

05/24/18 9:58 PM

#69891 RE: TenKay #69876

Ten, how is it possible you know what their defense is? Would appreciate a link to substantiate this. I was under the impression that they have not yet been served and is not the next step a "Response to the Complaint?" To be done within 35 days of service.