Order modified by adding to the decretal paragraph thereof, immediately after the words that the motion "is hereby granted", the following: "as to the second mortgage and denied as to the third mortgage." As so modified, order affirmed, without costs.
The fifth affirmative defense alleges an agreement by plaintiff to refrain from foreclosing the third mortgage under the circumstances pleaded. The matter pleaded is a sufficient defense in law, as a matter of mere pleading...
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