Opinion
March 21, 1949.
Present — Nolan, P.J., Carswell, Sneed, Wenzel and MacCrate, JJ. [ 194 Misc. 206.] [See post, p. 782.]
Action to foreclose a mortgage. The Statute of Limitations was interposed as a separate defense, as to which plaintiff claimed a part payment, constituting a reviver or new promise to pay the indebtedness. It was agreed on the oral argument that there are no disputed questions of fact involved herein. Order granting motion of plaintiff for summary judgment, and judgment entered in accordance therewith (one paper), unanimously affirmed, with $10 costs and disbursements. Order denying cross motion of defendant for summary judgment unanimously affirmed, without costs. No opinion.