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Bay Ridge Savings Bank v. Helen Gussow, Defendants Meyer Ruditzky, as Administrator of the Estate of Abraham Ruditzky, and Max L. Gussow
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.