SMITH v. WHITE FATHERS FOUND.


27 Misc.2d 358 (1960)

Alice G. Smith, Plaintiff, v. White Fathers Film Foundation, Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

December 27, 1960


Attorney(s) appearing for the Case

Good & Kent for plaintiff. Maxwell & Burke for White Fathers Film Foundation, Inc., defendant.


BENJAMIN BRENNER, J.

Plaintiff in this action to foreclose a purchase-money mortgage moves pursuant to rule 109 of the Rules of Civil Practice to strike the first defense and counterclaims of the defendant the White Fathers Film Foundation, Inc., for insufficiency. Its answer denies it was in default and alleges in its separate defenses that it made due and timely payment of accrued interest prior to the commencement...

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