Opinion
January, 1930.
Present — Dowling, P.J., Merrell, Finch, McAvoy and Proskauer, JJ.
Order so far as appealed from reversed, with ten dollars costs and disbursements, and defendants' motion granted, with ten dollars costs, on the ground that there is no allegation in the complaint that the mortgage was actually worth less than it was represented, and, therefore, no cause of action is stated.