Gelb v. Mazzeo

Plaintiff in this action has obtained an order for summary judgment, under rule 113 of the Rules of Civil Practice, in an action for the foreclosure of a real estate mortgage. The individual defendants have appealed from that order.

The complaint in the action is in the form commonly adopted for the foreclosure of real estate mortgages. The individual defendants interposed an answer which contains some general denials, hut insofar as such denials are concerned it does not appear from the record that any substantial triable issues of fact were raised. As an affirmative defense the defendants…