City Savings Bank of Brooklyn v. Torro

*749Resettled order denying plaintiff’s motion for summary judgment reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. In an action to foreclose a mortgage upon real property, answers were interposed setting up, in addition to denials, two counterclaims. The first counterclaim, in effect, demands an accounting for rents derived from the mortgaged premises, which were received by the plaintiff, and the second counterclaim demands compensation for the alleged unlawful use and occupation of the said mortgaged property. Plaintiff…