Mutual Life Insurance v. Gillespie

Upon a motion to strike an affirmative defense for legal insufficiency, denied at Special Term, there is involved the question whether section 1083-b of the Civil Practice Act is' applicable to an action commenced before the statutory emergency period expired, but pending after the expiration.

Suit is upon a collateral bond given in a mortgage transaction. The alleged unpaid balance of the debt is $72,500. Summons was served on May 28, 1947. The complaint was served on July 7,1947. Section 1083-b ceased to be applicable to other than one-, two- and three-family dwellings after July 1, 1947 (L.…