Schottenstein v. Ortner

In an action to foreclose a mortgage on real property, the parties cross-appeal as follows from an order of the Supreme Court, Westchester County, dated February 20, 1961: (1) Plaintiffs appeal from so much of the order as denied their motion to strike out as insufficient in law the third, sixth, seventh and eighth affirmative defenses pleaded in defendant Ortner’s amended answer, and to dismiss the counterclaim pleaded therein on the ground that it does not state facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 109, subds. 4, 5, 6). (2) Defendant Ortner appeals from…