Opinion
February 17, 1933.
Appeal from Supreme Court of Bronx County.
Charles Novello, for the appellants.
Joseph A. Sarafite of counsel [ Louis J. Naftalison with him on the brief; Sarafite Naftalison, attorneys], for the respondent.
Present — FINCH, P.J., MARTIN, O'MALLEY, SHERMAN and TOWNLEY, JJ.
No triable issue is presented by the answering affidavit. The mortgage is concededly past due and no consideration has been shown for the alleged extension agreement. The exact amount due may be determined before a referee appointed to compute.
The order should be reversed, with twenty dollars costs and disbursements, and the motion granted, with ten dollars costs.
Order reversed, with twenty dollars costs and disbursements, and motion granted, with ten dollars costs. Settle order on notice.