Opinion
May 17, 1943.
Appeal by defendant from so much of an order as grants plaintiff's motion to strike out paragraph IX of his answer, embodying a defense based on section 1083-b, Civil Practice Act, in an action for interest due under a bond, secured by a mortgage on real property, executed by the defendant and delivered to the plaintiff.
Order, insofar as appealed from, affirmed, with ten dollars costs and disbursements. No opinion. Close, P.J., Carswell, Johnston, Adel and Taylor, JJ., concur.