Gerken v. Estate of Bertram

Plaintiff sues on an alleged account stated for the balance due on a bond and mortgage, plus money advanced for fire insurance premiums.

Mortgagors, husband and wife, are deceased, and the action is defended by their son, who is the administrator c. t. a. of their respective estates. The answer is a general denial, coupled with a counterclaim based on alleged fraud.

Plaintiff now moves for summary judgment. There is no cross motion. However, CPLR 3212 (subd. [b]) permits the court to grant such summary judgment as may be proper without the necessity of a cross motion.

Chief Judge Andrews’…