United States Trust Co. v. Hardwood Operating Corp.

The issue is the propriety of an order granting plaintiff summary judgment in a foreclosure action. Defendant-appellant’s counterclaim, read with its affidavits, as it must be on a motion of this kind, presents issues' of fact, and as plaintiff *234served no reply to the counterclaim, plaintiff’s motion for summary judgment should have been denied on that ground alone. (Civ. Prac. Act, § 272; Anglo & London-Paris Nat. Bank v. Jacobson Co., Inc., 196 App. Div. 51, 55.)

But that is not all. Defendant’s affidavits with regard to plaintiff’s alleged inducement of defendant to contribute additional…