Administrative
Bay Ridge Savings Bank, Plaintiff, v. Helen Gussow et al., Defendants; Meyer Ruditzky, as Administrator of the Estate of Abraham Ruditzky, Deceased, Appellant, and Max L. Gussow, Respondent
272 A.D.2d 824·New York Supreme Court, Appellate Division·1947·NY
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Opinion
Bay Ridge Savings Bank, Plaintiff, v. Helen Gussow et al., Defendants; Meyer Ruditzky, as Administrator of the Estate of Abraham Ruditzky, Deceased, Appellant, and Max L. Gussow, Respondent.
[MAJORITY]
Order denying appellant’s motion for judgment on the pleadings affirmed, with $10 costs and disbursements. The amended cross complaint alleges the full amount of the mortgages to be in default as of their due dates. Section 47-a of the Civil Practice Act was properly alleged as an affirmative defense. (Kirschner V. Cohn, 270 App. Div. 126; Jackson Heights Apartment Corp. V. Staats, 272 App. Div. 780.) Hagarty, Acting P. J., Carswell, Johnston, Nolan and Sneed, JJ., concur.