Emsig v. Fuchs , 288 N.Y.S. 784 ( 1936 )

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 main-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.