On March 20, 2026, Justice Boddie or the Kings County Commercial Division issued a decision in Protalus USA LLC v. Shine Capital Group LLC, 2026 NY Slip Op. 31165(U), holding that usury must be asserted as a defense, not a claim . . . Continue reading Usury Must be Asserted as a Defense, Not a Claim
On February 23, 2026, Justice Weinmann of the Erie County Commercial Division issued a decision in Ilend Advance LLC v. Her Mktg. Concepts, Inc., 2026 NY Slip Op. 50382(U), holding that even though a merchant cash advance agreement’s reconciliation provision may favor the lender, that did not make the agreement an usurious loan . . . Continue reading That Merchant Cash Advance Agreement’s Reconciliation Provision Favor’s Plaintiff Does Not Make the Agreement an Usurious Loan
On February 19, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Pinnacle Bus. Funding LLC v. American Iron & Crane, Inc., 2026 NY Slip Op. 30679(U), holding that questions of fact regarding the legitimacy of an agreement’s reconciliation provisions precluded summary judgment on whether the agreement was a merchant cash advance agreement . . . Continue reading Questions of Fact Regarding Legitimacy of Reconciliation Provisions Preclude Summary Judgment on Whether Agreement is a Merchant Cash Advance
On November 10, 2025, Justice Walsh of the Westchester County Commercial Division issued a decision in Blue Elephant Specialty Fin. Fund, LP v. Gaspard & Menon Constr., LLC, 2025 NY Slip Op. 52131(U), holding that a guaranty did not waive a usury defense . . . Continue reading Guaranty Did Not Waive Usury Defense
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
