Union County Building & Loan Ass'n v. Weltchek

McGrath, C. P. J.

The plaintiff’s complaint alleges that the defendants mortgaged certain properties to the plaintiff on January 21st, 3929; that there was a default and the property was sold on June 21st, 1933, under foreclosure. Suit is for a deficiency and the complaint recites that on October 20th, 1933, a notice of the proposed suit was properly filed and that the suit was commenced within six months of the date of the sale.

Defendants move to strike out the complaint on the ground that suit was not commenced within three months of the date of sale, as provided in chapter 82 of the laws of…