Opinion
February 1, 1960
In an action to foreclose a mortgage on real property, the appeal is from an order denying a motion for summary judgment striking out the answer and counterclaim. The learned Special Term held that a triable issue of fact was presented as to whether there was any consideration given for the mortgage. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Beldock, Christ, Pette and Brennan, JJ., concur.