COMMERCIAL TRADING CO., INC. v. DREXLER


75 A.D.2d 611 (1980)

Commercial Trading Company, Inc., Appellant, v. Halbert H. Drexler et al., Respondents, et al., Defendants

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

April 21, 1980


Order reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of plaintiff's motion which seeks to dismiss respondents' first counterclaim is granted.

In this action to foreclose a mortgage based upon a default of a written guarantee, the respondents have interposed an answer which denies the material allegations of the complaint, asserts an affirmative defense founded upon payment and improper acceleration, and alleges various...

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