Majority
p. 843
New York Bank for Savings, Appellant, v. James E. Jordan et al., Respondents, et al., Defendants.
In an action to foreclose a mortgage, plaintiff appeals from an order of the Supreme Court, Queens County, entered January 16, 1974, which denied plaintiff’s motion for summary judgment. Order reversed, without costs, and motion granted, without costs. There were no issues of fact tendered and therefore denial of plaintiff’s motion was not warranted. Martuscello, Acting P. J., Latham, Shapiro, Benjamin and Munder, JJ., concur.