McNulty v. Kubicz

Judgment and order unanimously affirmed, without costs of this appeal to any party. (Appeal from judgment and order of Hiagara County Court for plaintiff in an action by an assignee to foreclose a mortgage executed by defendants Kubicz in favor of plaintiff’s assignor. The order struck out the answer and affirmative defense of defendant Kubicz and granted plaintiff’s application for summary judgment.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ. [17 Misc 2d 1016.]