Opinion
February, 1935.
Present — Lazansky, P.J., Young, Carswell, Davis and Johnston, JJ.
Action for the foreclosure of a second mortgage on certain real property. A defense based on the claim that the plaintiff and defendant predecessor were negligent and estopped to assert that a certain release was a forgery held insufficient in law and in fact. Judgment unanimously affirmed, with costs. ( Hulburt v. Walker, 258 N.Y. 8; Rothschild v. Title Guarantee Trust Co., 204 id. 458.)