Opinion
November 23, 1938.
Present — Sears, P.J., Crosby, Lewis, Taylor and Dowling, JJ.
Order so far as appealed from affirmed, with ten dollars costs and disbursements, on the authority of Rochester Trust Safe Deposit Co. v. Hatch ( 273 N.Y. 507) and Johnson v. Meyer (268 id. 701). All concur. (The order grants a motion to strike out parts of an answer, in an action by a mortgagee under a bond to recover taxes paid and interest due.)