Lyons v. National Savings Bank

This is a motion by the defendant for an order pursuant to rule 112 of the Rules of Civil Practice for judgment on the pleadings, &nd also for summary judgment in favor of the defendant pursuant to rule 113. Although there do not appear to be formal motion papers submitted by the plaintiff, the matter is apparently regarded by both parties to encompass a cross motion by the plaintiff to dismiss the answer as being insufficient as a matter of law.

In substance, the pertinent facts are as follows: The plaintiff entered into a mortgage extension agreement with the defendant on March 25, 1949. The…