Granick v. Mobach.

In an action by an assignee to foreclose a purchase-money mortgage on real property, in which defendants, the mortgagors, interposed a defense and counterclaim based on the assignor’s breach of an agreement, the defendants appeal from an order of the Supreme Court, Westchester County, dated November 2, 1960, which granted plaintiff’s motion for summary judgment striking out their answer, pursuant to rule 113 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and motion denied. In our opinion, the answering affidavits raise a triable issue. The counterclaim is…