BANKERS TRUST OF ROCKLAND COUNTY v. KEESLER


49 A.D.2d 918 (1975)

Bankers Trust of Rockland County, Appellant, v. Harvey Keesler et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 20, 1975


Order reversed, on the law, with $20 costs and disbursements, and motion granted.

While Special Term correctly found that respondents' affirmative defense concerning the execution of the mortgage was insufficient, it erred in holding that the general denial by respondents, in their answer, of the execution of the mortgage was sufficient to raise a triable issue. The contention raised by respondents in their affidavit in opposition to the motion for summary judgment...

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