Hayman v. Janik

This is a motion by plaintiff to (1) strike out paragraph Second of defendants’ answer (wherein they denied any knowledge or information relative to certain paragraphs in the complaint) as sham and frivolous within the meaning of rule 103 of the Rules of Civil Practice and (2) grant judgment to the plaintiffs pursuant to rules 113, 256 and 257 of the Rules of Civil Practice and (3) dismiss the counterclaim pursuant to subdivisions 5 and 6 of rule 109 of the Rules of Civil Practice.

Plaintiffs instituted an action to foreclose a real property mortgage. Defendants had given a bond and mortgage…