Briggs v. Smith — 268 A.D. 869

Majority

p. 869

Elsie N. Briggs et al., as Executors of Luella R. Briggs, Deceased, Respondents, v. Theodore B. Smith, as Administrator of the Estate of Bertha M. B. Smith, Deceased, et al., Defendants, and Theodore B. Smith, Individually, Defendant-Appellant.

In an action to foreclose 'a mortgage on real property, defendant Smith, individually, appeals from an order granting plaintiffs’ motion for summary judgment under rule 113 of the Rules of Civil Practice. Order affirmed, with ten dollars costs and disbursements. No opinion. Close, P. J., Hagarty, Carswell, Johnston and Lewis, JJ., concur.