Wedab Corp. v. Weinger

In an action to foreclose a mortgage on real property, plaintiff appeals from an order granting the motion of defendant Weinger for summary judgment pursuant to rule 113 of the Rules of Civil Practice, dismissing the complaint on the merits, and denying its cross motion for summary judgment. Order modified on the law, by striking therefrom the first and third ordering paragraphs and by substituting in place of the first ordering paragraph a provision that said defendant’s motion is denied. As so modified, the order is affirmed, with $10 costs and disbursements to appellant to abide the event…