Trustees of Columbia University v. Mortgagee Investors Corp.

This ráotion is brought by defendant purchaser under subdivision 5 of rule 106 of the Rules of Civil Practice to *93dismiss the complaint for defect appearing on the face thereof in that it does not state facts sufficient to constitute a cause of action in equity.

The action is by the seller of a first mortgage on real estate which seeks judgment directing the defendant to accept a valid and sufficient assignment of said first mortgage, which covers premises 1815 Riverside Drive, New York City, and to pay to plaintiff the agreed price thereof, and to otherwise perform the terms and provisions of…