Opinion
November, 1934.
Present — Lazansky, P.J., Kapper, Hagarty, Scudder and Davis, JJ.
Order granting summary judgment in action on a promissory note, and judgment entered thereon, unanimously affirmed, with ten dollars costs and disbursements, the court being of opinion that the undisputed facts show that section 1083-b of the Civil Practice Act is not applicable to this case as the indebtedness represented by the promissory note in suit did not originate simultaneously with the mortgage.