Majority
p. 619Title Guarantee and Trust Company, Respondent, v. Jeanette L. Harris, Formerly Jeanette Lewinsohn, and Others, Defendants, and Joseph Harvis, Sued Herein as Joseph Harris, Appellant.
Order affirmed, with ten doEars costs and disbursements. The action is to foreclose a mortgage on real estate. The appeEant, by a separate defense and set-off, seeks a judgment declaring that the plaintiff is not entitled to a deficiency judgment against him and made a motion for such a judgment against the plaintiff upon said set-off or counterclaim, on the ground that the plaintiff had faffed to serve a reply thereto. In our opimon, a reply is not necessary and the motion was properly demed. Lazansky, P. J., Young, Hagarty, CarsweE and Tompkins, JJ., concur.