Emsig v. Fuchs

Per Curiam. An action on a bond secured by a mortgage on realty is maintainable under sections 1077-b and 1083-b of the Civil Practice Act when an action to foreclose a mortgage would be main804 tamable. Moreover, the defendant, where the action is on a bond, must prove reasonable market value of the property by way of set-off. Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event. All concur. Present — Levy, Hammer and Callahan, JJ.