Lloyds First Mortgage Corp. v. Hurtjam Realty Corp.

Majority

p. 740

Lloyds First Mortgage Corporation, Respondent, v. Hurtjam Realty Corporation and Others, Defendants, and Greater New York Export House, Inc., Appellant.

— Order striking out answer modified so as to provide that the motion be granted to the extent of striking out the separate defenses, and as so modified affirmed, without costs. Upon the denial the issue of the amount advanced under the mortgage must be tried. This issue should be tried immediately upon application for a preference. Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.