Bay Ridge Savings Bank v. Gussow (272 A.D.2d 824, 1947)

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.