Menu
  • Home
  • Case Pages
    • 2024 – 2025 Term
      • September Session
      • October Session
      • November Session
      • January Session
    • 2023 – 2024 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2022 – 2023 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2021 – 2022 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2020 – 2021 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April / May Session
    • 2019 – 2020 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April / May Session
      • June Session
    • Pending Cases
      • All Pending Cases
      • Fully Briefed
      • Not Fully Briefed
  • Roundups & Interviews
    • Experts Roundups
      • The Chief Judge Vacancy
      • Matter of Harkenrider v. Hochul
      • The Mortgage Acceleration Cases
      • Doe v. Bloomberg LP
      • CNH Diversified v. Cleveland Unlimited
    • News Roundups
    • Interviews
      • Hon. Leslie Stein (NYCA)
      • Hon. Eugene Fahey (NYCA)
  • NYCA Stats
    • 2023-2024 Term
    • 2022-2023 Term
    • 2021-2022 Term
    • 2021-2022 Midterm
    • 2020-2021 Term
    • 2019-2020 Term
    • 2018-2019 Term
  • Jurisdictional Letters
    • Finality
    • Constitutional Question
    • Dissents
    • Statute’s Validity
    • Stipulated Judgment
    • Necessarily Affects
    • Miscellaneous
      • Aggrieved Party
  • Resources
    • How An Appeal Gets To The New York Court of Appeals
    • Court Decisions
      • NYCA Decisions
      • Lower Court Decisions
      • Second Circuit Decisions
    • Legislative Resources
      • NY Statutes
      • NY Session Laws
      • NYCRR
      • NY Register
    • Research Resources
      • NY Bill Jackets
        • Bill Jackets (1995-present)
        • About older bill jackets.
      • NY Constitutional History
      • NYCA Briefs and Records
        • NYCA Briefs (2013-present)
        • About older NYCA briefs.
      • Other Primary Resources
        • NYLawz
        • NY State Library
        • Hein NY Legal Research Library (sub)
    • Practice Resources
      • NYCA Practice Rules
      • NYCA Civil Practice Outline
      • Certified Questions Handbook
      • NY Citation Rules
    • News and Commentary
      • NY Law Journal (sub)
      • NY Appellate Digest
      • NY Court Watcher
      • The CPLR Blog
      • NY Appeals
      • NY Focus
  • About Us
    • Who We Are
    • Contact Us
TwentyEagle

Loan funded with criminal proceeds not void as against public policy (Centi v. McGillin).

Posted on 2019-12-192020-08-06

As explained in our case summary, the question in this case was whether a loan agreement was unenforceable if it was funded with the proceeds of criminal activity. The Court (mem.) held that such a loan was not unenforceable on the ground of illegality.

As a preliminary matter, the Court held without discussion that defendant did not waive the illegality defense by failing to raise it in an amended answer. The Appellate Division found to the contrary but addressed the illegality defense on the merits–in effect, overlooking the waiver in the exercise of its discretion. Typically, this would restrict Court of Appeals’ review of the Appellate Division’s decision. Plaintiff did not raise this issue, however, and the Court’s decision did not address it.

Waiver aside, the Court rejected defendant’s main argument on appeal, i.e., that the loan was an unenforceable illegal contract. The fact that the loan was funded by the proceeds of criminal activity was beside the point. Citing the State’s “strong public policy favoring freedom of contract,” the Court observed that the contract called for performance–loan repayment–that was not “intrinsically corrupt or illegal.” The Court also rejected the contention that enforcing the contract would unfairly allow the plaintiff to profit from illegality. The equities favored neither side, the Court noted, as both were engaged in illegality activity.

Return to the case page for Centi v. McGillin.

By Phil on 2019-12-19.
Return to the case page.

©2025 TwentyEagle | WordPress Theme by Superbthemes.com