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, explaining:
[D]ismissal is granted as to plaintiffs first cause of action seeking to void all four relevant MCA agreements as usurious loans in violation of NY Penal Law 190.40. Under New York law, usury cannot stand as an independent cause of action; it is generally recognized as an affirmative defense rather than a claim upon which relief can be granted.
(Internal citations omitted).