Marine Midland Bank v. Burley

Callahan and Moule, JJ.

(dissenting). We dissent and vote to affirm Special Term in granting summary judgment to plaintiff. When defendant defaulted in the payments of his loan, plaintiff commenced this action seeking to recover the balance due. Defendant submitted an answer containing a general denial. Plaintiff moved for summary judgment and defendant in his answering affidavit did not contest his indebtedness but rather sought leave to interpose an amended answer containing an affirmative defense and counterclaim. In it defendant contended that plaintiff had violated the Federal Truth In…