Opinion
November, 1934.
Judgment and order affirmed, with costs. Hill, P.J., McNamee, Crapser and Bliss, JJ., concur; Heffernan, J., dissents. The complaint alleged a cause of action on a promissory note. The answer pleaded section 1077-b of the Civil Practice Act, the moratorium statute. Simultaneously with the giving of the note defendants gave a real estate mortgage and a chattel mortgage in separate documents. The real estate mortgage not being the "sole" security for the debt, the statute did not apply. [ 152 Misc. 724. ]