Jaret v. 2210 Church Avenue Realty Corp.

In this action to foreclose a mortgage, plaintiffs move for an order pursuant to rule 103 of the Rules of Civil Practice striking out the defenses contained in the answer as sham and pursuant to rule 110 of the Rules of Civil Practice striking out the counterclaims therein on the ground that the causes of action set forth did not accrue within the *1004time limited by law and may not be properly interposed in this action.

The facts appear to be undisputed. In 1946 the defendant corporation, with the consent of all its stockholders as well as its officers and directors, executed the subject bond and…