Fishbein v. Fulton Studios, Inc.

In this foreclosure action plaintiffs move (1) pursuant to rule. 109 of the Buies of Civil Practice for an order striking out defendant North Side Savings Bank’s counterclaim on the ground that it does not state sufficient facts to constitute a cause of action and to strike the affirmative defense on the ground that the defense is insufficient in law, and (2) for *106summary judgment pursuant to rule 113 of the Rules of Civil Practice. The papers show that defendant bank opposes this motion and cross-moves for summary judgment contending that it is the assignee of a conditional sales contract…