Opinion
January 23, 1950.
Present — Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ.
In an action to foreclose a mortgage, the individual defendants Williams interposed an answer setting up a defense that the mortgage was given to secure a loan to them and the corporate defendant 2096 Amsterdam Restaurant Bar, Inc., for which an unlawful charge had been made. From an order striking out their answer and granting summary judgment, defendants Williams appeal. Order unanimously affirmed, with $10 costs and disbursements. No opinion.