Yormark v. Waldman

Upon the argument it was virtually conceded that the denials in the answer raised no issue. The sole question for decision is whether the defenses and counterclaim are sufficient. The action is to foreclose a mortgage. The answering defendants have a lien on the property that is subordinate to the plaintiffs’ mortgage. The defenses and counterclaim attempt to challenge the validity of the mortgage on the claim that it was tainted with usury. The answer asks that the complaint be dismissed and the bond and mortgage adjudged void and canceled. The answering defendants were not parties to the…