Order insofar as appealed from affirmed, with $10 costs and disbursements.
There is a triable issue of fact as to whether the parties intended the mortgage to cover three plots, as appellant claims, or only two, as respondent contends. That issue bars summary judgment (Clinton Trust Co. v. Church Extension Committee, 255 App. Div. 157). On a motion pursuant to rule 109 to strike out a defense, affidavits may not be considered. From the pleadings alone it cannot...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
