¶1In an action to foreclose a mortgage, order denying plaintiff’s motion to strike out the answer and for summary judgment affirmed, with ten dollars costs and disbursements. There are issues of fact to be tried before the question of ultimate liability and the equities can be determined. Lazansky, P. J., Hagarty, Carswell, Davis and Taylor, JJ., concur.
254 A.D. 870
Beckmann v. Scully
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 1938
Appellate Division of the Supreme Court of the State of New York · decided 1938-06-06
Decided 1938-06-06