Judgment dismissing the complaint on the merits and granting judgment to defendants on their counterclaim, affirmed, with costs, on the opinion of Mr. Justice LORETO, at Special Term.
Steuer and Eager, JJ., dissent and vote to reverse and grant judgment in favor of plaintiff in the following memorandum by Eager, J.
The judgment for defendants should be reversed on the law and on the facts, and judgment of foreclosure and sale directed in favor of the plaintiff...
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