Gettinger v. Storper Realty Co.

Plaintiffs move for judgment on the pleadings under rule 112 of the Rules of Civil Practice in an action for a declaratory judgment. Defendant, by way of cross motion, seeks similar relief.

The facts are conceded. On September 22, 1927, the Trewalt Realty Corporation executed and delivered the instant mortgage to the Mew York Title and Mortgage Company as collateral security for its bond in the amount of $105,000, said mortgage, covering the real estate and premises known as 1979 Daly Avenue, borough of The Bronx, city of Mew York. By the terms of the bond and mortgage, after the payment of…