In an action to foreclose a mortgage, plaintiff moves to strike defendants' affirmative defenses pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice and to dismiss pursuant to subdivision 5 of rule 109 the defendants' counterclaims and for summary judgment.
The complaint in substance alleges that on January 10, 1956 the mortgage was given by one Otto Kochenburger (who for the purposes of this motion will be...
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