Elltan Realty Co. v. Irving Trust Co.

— In this action for a declaratory judgment, judgment, referred to in the record as “ order and judgment,” denying the plaintiff’s motion to strike out the first affirmative defense contained in the defendant’s answer and granting the defendant’s cross-motion for summary judgment unanimously affirmed, with ten dollars costs and disbursements. We are of opinion that the agreement made by and between the parties hereto on the 21st day of February, 1935, reducing the rate of interest as provided by the mortgage, a lien on real estate owned by the plaintiff and maturing on the 18tn day of…