Kohn v. Beggi

Motion is made for judgment under rules 112 and 113 of the Rules of Civil Practice. The denials contained in the answer raise no issue. (Steinback v. Diepenbrock, 52 App. Div. 437; Meuer v. Phenix Nat. Bank, 87 id. 281; Kneuper Specialty v. Kneuper, 171 id. 555; Rules Civ. Prac. rule 93, subd. 2; Kirschbaum v. Eschmann, 205 N. Y. 127; D. & G. Girl Coat Co. v. Kafka, 218 App. Div. 607; Lion Brewery v. Loughran, 223 id. 623.)

As to the separate defense which states, “ that if such provision [i. e., the assumption of the mortgage] was inserted in any agreement and more particularly as referred to…