Opinion
October 4, 1943.
Action in foreclosure. Order granting plaintiff's motion to strike out the affirmative matter set forth in the answer of appellants affirmed, with ten dollars costs and disbursements. Appellant Charles Jaffa is free to move to be permitted to join in the complaint and have it amended so as to seek a deficiency judgment against the obligors upon the bond, and to bring them in by a supplemental summons as parties defendant, so that there may be a complete determination in the foreclosure action of the rights of all parties, so far as they wish to assert them. Such a motion should be granted as a matter of course unless there be equitable considerations, which are not present in this record, requiring a contrary view. The plaintiff may not deprive appellant Charles Jaffa of the benefit of a deficiency judgment even though the plaintiff be not desirous of having the benefit of such a judgment. He may forego it, but he may not require his co-owner, Charles Jaffa, to do so if the latter invokes proper procedure. Close, P.J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.