MacPHAIL, P. J., April 29, 1974.
Defendant has filed a motion for judgment on the pleadings in the within action of mortgage foreclosure. We may grant such motions only in clear cases and where a trial would be a fruitless exercise: Goldman v. McShain,
In its complaint, plaintiff describes, in paragraph 7, defendant's default as follows:
"That said mortgage is in default...
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