Opinion
January 9, 1936.
Appeal from the Municipal Court of New York, Borough of Manhattan, Ninth District.
I. Bregoff, for the appellant.
I.T. Flatto, for the respondent.
There is nothing in sections 1077-a, 1077-b and 1083-b of the Civil Practice Act which prevents the bringing of an action against a guarantor for an unpaid installment of interest.
Order denying plaintiff's motion for summary judgment and order granting defendant's cross-motion for judgment on the pleadings reversed, with ten dollars costs; plaintiff's motion for summary judgment granted, and defendant's motion denied.
All concur. Present — LYDON, HAMMER and FRANKENTHALER, JJ.