Bank of Manhattan Trust Co. v. Twenty-one Sixty-six Broadway Corp.

The plaintiff, trustee under a mortgage or deed of trust dated March 1, 1928, made by the defendant builder and the defendant church, in the course of an action to foreclose the mortgage moves to strike out certain denials and defenses pleaded by the church in its answer to the complaint. I state first, in brief, the facts set up in the “ third defense and counterclaim.”

The Manhattan Congregational Church (herein called the church), a member of the Congregational denomination, was the owner of the land 2166 Broadway and an old church building then on the premises.' In 1927 one White,…