Majority
p. 768Philip Green, Respondent, v. Jacob Urdang, Appellant, Impleaded with Others, Defendants.
Order of the County Court of Kings county striking out the separate and distinct defense and set off reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The matter pleaded does not constitute a complete defense. The defendant, appellant, however, is clearly entitled to have the court determine what credit, if any, he is entitled to for partial payments on account of the mortgage. Kelly, P. J., Rich, Jaycox, Manning and Kapper, JJ., concur.