Torre v. Zuza

In an action to foreclose a purchase-money mortgage, the plaintiff moves for summary judgment.

The action was commenced by service of a summons and complaint on January 7, 1961. Issue was joined on January 27, 1961 by service of an answer which pleaded a general denial together with an affirmative defense and a counterclaim. By an order of this court dated February 27, 1961, the affirmative defense was stricken as insufficient in law and the counterclaim dismissed on the ground that another action was pending. On March 13, 1961 an order of this court granted the joint trial of the action…