Majority
p. 756The National Bank of Far Rockaway, Respondent, v. Jacob Eichenberg, Appellant, and Joseph Friedberg, Defendant.
Order and judgment affirmed, with costs. No opinion. Lazansky, P. J., Hagarty, Seeger and Carswell, JJ., concur; Young, J., dissents, being of opinion that, as it appears that the debt secured by the mortgage which is under foreclosure is the same debt represented by the notes indorsed by plaintiff, the defense that this action was begun without leave while the foreclosure action was pending is sufficient.