Moskowitz v. Garlock

Appeal from an order entered in the office of the Clerk of the County of Albany on December 3, 1964, which, inter alla, granted summary judgment and struck out defendant’s answer. Defendant Garloek on or about December 22, 1960, executed a mortgage to the plaintiff in the sum of $3,165. On June 17, 1964, plaintiff commenced a foreclosure action and issue was joined by an answer which admitted the execution of the mortgage but denied the other allegations in the complaint and affirmatively stated that it was not given as security for a specific sum, that it was given only as collateral and…