Howley v. Romagna

Plaintiff asks for summary judgment, by striking out the two separate and distinct defenses of the answer, in an action upon a guaranty for the payment of the “ instalments, interest and balance of principal ” of a mortgage on real property. The first defense sets up facts which are intended to obtain, for defendants, the benefits of section 1077-b of the Civil Practice Act, and the second defense, the benefits of section 1083-b of the Civil Practice Act, being a part of the Mortgage Moratorium Act (Laws of 1933, chap. 793, as amd. Feb. 4, 1935, and Laws of 1933,.chap. 793). Defendant, by…