4 A.D.2d 745 | N.Y. App. Div. | 1957
In an action to foreclose a mortgage, the appeal is from an order and interlocutory judgment (one paper) granting respondent’s motion (1) to strike out the affirmative defenses in the answer as insufficient in law (Rules Civ. Prae., rule 109, subd. 6), (2) to dismiss the counterclaims as not stating causes of action (Rules Civ. Prae., rule 109, subd. 5) and (3) for summary judgment (Rules Civ. Prae., rule 113), and denying appellants’ cross motion to preclude respondent from giving evidence