Congregational Realty Corp. v. Congregation Bnai Israel

Order entered on December 20, 1967, denying plaintiff’s motion to dismiss the two defenses contained in *520defendant’s amended answer, affirmed, with $50 costs and disbursements to defendant-respondent. There is enough in these affirmative defenses and in what is contained in the affidavits which are part of this record, to raise the issue as to whether the plaintiff or the defendant should get the benefit of the ■bank’s willingness to accept $95,000 in payment of its claim for $157,270. There is a serious question as to whether, under the circumstances disclosed, the members of the…