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Hilda E. Anderson and Others, on Their Own Behalf and in Behalf of All Other Holders of Mortgage Certificates in Bond No. 368920 Issued by Title Guarantee and Trust Company and Guaranteed by Guarantee No. 181350 Issued by Bond and Mortgage Guarantee Company, Who Are Similarly Situated and Who Shall Come in and Be Made Parties Hereto, and Contribute to the Expense of This Action v. Title Guarantee and Trust Company
Order denying motion to direct plaintiffs to state separately and number the causes of action and to strike out portions of the complaint as irrelevant affirmed, in so far as appealed from, with ten dollars costs and disbursements, on authority of Bunin v. Title Guarantee & Trust Co. (244 App. Div. 746).
The fact that tender is a prerequisite does not alter the representative nature of the action but simply requires the plaintiffs to comply with the allegations as to tender alleged in the complaint in order to recover. Defendant may serve its answer within ten days from the entry of the order herein. Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ., concur.