Amos Weinberg, Great Neck, for appellants.
DLA Piper, LLP, Baltimore, MD (Michael Bakhama of the bar of the State of Maryland, admitted pro hac vice, of counsel), for respondent.
Acosta, P.J., Richter, Kapnick, Kahn, Gesmer, JJ.
Order, Supreme Court, New York County (Erika M. Edwards, J.), entered June 16, 2017, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
The court properly dismissed the complaint seeking to vacate the judgment by confession. The evidence demonstrates that the underlying agreement leading to the judgment by confession was not a usurious transaction (see generally Giventer v. Arnow, 37 N.Y.2d 305, 309, 372 N.Y.S.2d 63, 333 N.E.2d 366 [1975] ; see Feld v. Apple Bank for Sav., 116 A.D.3d 549, 553, 984 N.Y.S.2d 319 [1st Dept. 2014], lv denied 23 N.Y.3d 908, 2014 WL 2936002 [2014] ).
We have considered plaintiffs' other challenges to the judgment by confession and find them unavailing.