¶1In an action to foreclose a mortgage on real property, the answer alleges, as an affirmative defense, the existence of an agreement modify*861ing the terms of the mortgage so as to reduce the rate of interest on the indebtedness. Order granting plaintiff’s motion for summary judgment striking out appellants’ answer affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.
255 A.D. 860
Bennet v. Harvey
Appellate Division of the Supreme Court of the State of New York
Decided November 14, 1938
Appellate Division of the Supreme Court of the State of New York · decided 1938-11-14
Decided 1938-11-14