General

Bertha Long, Respondent, v. Reuben Dorfman and Another, Appellants, Impleaded with Joseph Shorwitz and Others, Defendants

236 A.D. 685·New York Supreme Court, Appellate Division·1931·NY

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Opinion

Bertha Long, Respondent, v. Reuben Dorfman and Another, Appellants, Impleaded with Joseph Shorwitz and Others, Defendants. [MAJORITY] Order denying motion to open default and set aside judgment reversed on the law and the facts and motion granted, without costs. We are of opinion that the allegations of the answer to the effect that no sum was due plaintiff on account of the bond and mortgage at the time the action was commenced are sufficient to raise an issue upon this question. Appeal from order denying motion for a reargument dismissed. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.