State Bank of Albany v. Kahn

Defendant Union National Bank of Troy moves for an order for permission to interpose an answer and counterclaim in an action to foreclose a purchase-money mortgage given by defendant Edward A. Kahn, Jr. to plaintiff State Bank of Albany on November 12, 1965. Plaintiff State Bank of Albany cross-moves for summary judgment upon the cause of action set forth in the complaint and for an order striking the answer of defendant Union National Bank of Troy in the event the motion to interpose said answer is granted (CPLR 2004 ; 3212).

On July 18, 1967, defendant Kahn and Alma Kahn, his mother, made an…