Besler v. Eldorado Cleaners, Inc.

This motion is for an order, pursuant to rule 109 of the Rules of Civil Practice, subdivision 6 thereof, striking out the first, second, third and fourth separate and distinct defenses contained in the answer of the defendant Yungert herein, on the ground that each of said defenses consisted of new matter and is insufficient in law. The action is to foreclose a mortgage given to plaintiff by defendant Eldorado Cleaners, Inc. Defendant Yungert in his third separate defense claims his purchase-money mortgage is superior and prior, in that the subordination agreement between him and Eldorado…