Alpha Financial Associates v. Dann

In this action to foreclose a second mortgage held by the plaintiff and executed by the answering defendants, Pauline Dann and Bessie Lobsenzer, plaintiff moves to strike out the affirmative defenses, setoff and counterclaim interposed by these defendants; for summary judgment providing for judgment of foreclosure and sale and appointment of a referee to compute.

The facts briefly indicate that plaintiff made a loan to Francene Press, Inc., of $40,000 which it agreed to repay together with a charge of $16,000, making a total of $56,000. Simultaneously, the answering defendants each executed an…