Glen Oaks Club, Inc. v. Glen Oaks Holding Co.

In an action to foreclose a second mortgage on real property, plaintiff moves (1) for summary judgment pursuant to rule 113 of the Buies of Civil Practice, (2) to strike out certain named defendants as unnecessary parties, and (3) for incidental relief; the second phase of this motion is unopposed and is granted. Glen Oaks Holding Co., Inc., the only defendant who has answered herein, and who will hereafter be referred to as the “ defendant ”, cross-moves for summary judgment dismissing the complaint upon the merits. Upon the argument, the attorneys for both sides, aside from the fact that by…