On December 11, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in EN OD Capital v. Jac Contr. Servs. LLC, 2025 NY Slip Op. 34851(U), holding that a merchant cash advance agreement was not a usurious loan . . . Continue reading Merchant Cash Advance Agreement not Usurious Loan
On February 13, 2025, the First Department issued a decision in ECO Engg., Inc. v. Source Renewables, LLC, 2025 NY Slip Op. 00826, holding that a loan’s default interest rate was not usurious when it applied only after maturity . . . Continue reading Default Interest Rate Not Usurious When it Applied Only Maturity
On July 25, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Citilink Motors, LLC v. Joel K. Holding Co, LLC, 2024 NY Slip Op. 32560(U), holding that a note with a criminally usurious rate is void . . . Continue reading Note With Criminally Usurious Interest Rate is Void
On July 26, 2024, the Fourth Department issued a decision in Oakshire Props., LLC v. Argus Capital Funding, LLC, 2024 NY Slip Op. 03943, holding that a plaintiff has adequately alleged that a merchant cash advance agreement was in fact an usurious loan . . . Continue reading Plaintiff Adequately Alleged That Merchant Cash Advance Agreement Was an Usurious Loan
On July 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in RDM Capital Funding v. Stellar Beach Rentals LLC, 2024 NY Slip Op. 32482(U), holding that a merchant cash advance agreement was not a loan, and thus was not subject to the usury laws . . . Continue reading Merchant Cash Advance Agreement Not a Loan, and Thus Not Subject to Usury Laws
On June 17, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Manna Capital Solutions LLC v. W & D Consultants Corp., 2024 NY Slip Op. 32061(U), holding that a side letter granting a lender part ownership of the borrower did not make the related loan usurious . . . Continue reading Side Letter Granting Lender Part Ownership of the Borrower Did Not Make the Related Loan Usurious
On March 6, 2024, the Second Department issued a decision in Alleon Capital Partners v. Choudhry, 2024 NY Slip Op. 01165, holding that the usury law did not apply to a loan with a principal amount over $2.5 million . . . Continue reading Usury Law Not Applied to Loan with Over $2.5 Million Principal Amount
On February 20, 2024, Justice Whelan of the Suffolk County Commercial Division issued a decision in GEM Funding, LLC v. Z-Rite Plumbing & Heating Corp., 2024 NY Slip Op. 50171(U), holding that the usury laws do not apply to merchant cash advance agreements . . . Continue reading Usury Laws Do Not Apply to Merchant Cash Advance
On February 1, 2024, Justice Masley of the New York County Commercial Division issued a decision in TS Falcon I, LLC v. Golden Mtn. Fin. Corp., 2024 NY Slip Op. 30386(U), holding that a commitment to make a loan for over $2.5 million is not subject to the criminal usury law . . . . Continue reading Loan Commitment for Over $2.5 Million Not Subject to Criminal Usury Law
On September 15, 2023, Justice Borrok of the New York County Commercial Division issued a decision in People v. Richmond Capital Group LLC, 2023 NY Slip Op. 50975(U), holding that agreements were usurious loans, not merchant cash advance agreements . . . Continue reading Agreements Found to be Usurious Loans, Not Merchant Cash Advance Agreements
