The following excerpt is from Bollag v. Dresdner, 130 Misc.2d 221, 495 N.Y.S.2d 560 (N.Y. City Ct. 1985):
in fact, although not in form, made to an individual guarantor to discharge his personal obligations, and not in furtherance of a corporate or personal enterprise, the individual guarantor may interpose the defense of usury. * * * On the other hand, where an individual borrows money through a shell corporation to futher his own business or commercial enterprise, the defense of usury is not available. * * *
Schneider v. Phelps, 41 N.Y.2d 238, 240, 241, 391 N.Y.S.2d 568, 359 N.E.2d 1361 (citations omitted).
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