Opinion
May 19, 1947.
Order denying appellant's motion for judgment on the pleadings affirmed, with $10 costs and disbursements. The amended cross complaint alleges the full amount of the mortgages to be in default as of their due dates. Section 47-a of the Civil Practice Act was properly alleged as an affirmative defense. ( Kirschner v. Cohn, 270 App. Div. 126; Jackson Heights Apartment Corp. v. Staats, 272 App. Div. 780.) Hagarty, Acting P.J., Carswell, Johnston, Nolan and Sneed, JJ., concur.