D. & G. Girl Coat Co. v. Zabelicky — 245 N.Y. 646

Majority

p. 646

D. & G. Girl Coat Co., Inc., Respondent, v. Mary Zabelicky et al., Appellants, Impleaded with Others.

(Submitted June 22, 1927;

decided July 20, 1927.)

Headnote

Pleading — action to foreclose mortgage — answer stricken out as sham and frivolous.

D. & G. Girl Coat Co., Inc., v. Kafka, 218 App. Div. 607 , affirmed.

Appeal from a judgment, entered March 21, 1927, upon an order of the Appellate Division of the Supreme Court ’ in the first judicial department, which reversed an order of Special Term denying a motion to strike out the answer of defendants, appellants, and for judgment on the pleadings and granted said motion. The action was to foreclose a second mortgage on real property. The assignees of a third mortgage alone answered. Plaintiff moved to strike out their answer as sham and frivolous.

p. 647

Max Rockmore for appellants.

Gerson C. Young and Abraham M. Weinberg for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg and O’Brien, JJ. Absent: Andrews, J.