Egan v. Carroll-Garfield Corp.

In an action to foreclose a mortgage on real prop'erty," plaintiffs appeal from so much of an order as dismissed the complaint pursuant to subdivision 6 of rule 107 of the Rules of Civil Practice. Order, insofar as appealed from, affirmed, with $10 costs and disbursements, with leave to plaintiffs to serve an amended complaint within ten days from the entry of the order hereon. The mortgage was executed in 1929 and matured, by its terms, in 1936. The complaint, among other things, alleged defaults in the payment of installments of principal beginning in 1935; and nonpayment of the interest…