Astor v. Hotel St. Regis, Inc. , 243 A.D. 509 ( 1934 )

Order reversed, with twenty dollars costs and disbursements, and motion granted. No triable issue of fact is presented by the affidavits submitted in opposition to the motion. The pendency of the controversy between the parties as to the furniture in the hotel constitutes no defense to the foreclosure of the mortgage affecting the realty. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.; Martin, J., dissents and votes for affirmance.