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ROSENBAUM v. ROSE

35 Misc.2d 431 (1962)

Bernard Rosenbaum, Plaintiff, v. Allan V. Rose et al., Defendants.

Supreme Court, Westchester County.

May 16, 1962

Attorney(s) appearing for the Case

Walter S. Ginzler and Bleakley, Platt, Schmidt, Hart & Fritz for plaintiff. Tomback & Tomback for Allan V. Rose and another, defendants.

HUGH S. COYLE, J.

This is a motion by plaintiff for an order pursuant to rule 113 of the Rules of Civil Practice, striking out the answer of the defendants Allan V. Rose and Willa Rose, and directing summary judgment in favor of plaintiff. The action is one to foreclose a mortgage. The plaintiff is a holder of a certain mortgage and mortgage note executed on November 13, 1958. The original mortgagor was the...

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