Majority
p. 870Charles Beckmann, as Executor, etc., of William Beckmann, Deceased, Appellant, v. James Scully and Mary Scully, His Wife, Respondents.
In an action to foreclose a mortgage, order denying plaintiff’s motion to strike out the answer and for summary judgment affirmed, with ten dollars costs and disbursements. There are issues of fact to be tried before the question of ultimate liability and the equities can be determined. Lazansky, P. J., Hagarty, Carswell, Davis and Taylor, JJ., concur.