Carrara v. Carrara — 10 A.D.2d 628

Majority

p. 628

Edna G. Carrara, as Sole Surviving Executrix of Charles Carrara, Deceased, Appellant, v. Joseph Carrara, Respondent.

In an action to foreclose a mortgage on real property, the appeal is from an order denying a motion for summary judgment striking out the answer and counterclaim. The learned Special Term held that a triable issue of fact was presented as to whether there was any consideration given for the mortgage. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldock, Christ, Pette and Brennan, JJ., concur.