Opinion
June 15, 1967
Order entered February 20, 1967, denying plaintiff's motion to strike defendants' supplemental answer unanimously reversed, on the law, and motion granted, with $50 costs and disbursements to appellant. In this action to foreclose a mortgage on real property the answer sets up a defense of tender. The facts do not show a tender of any amount. What they do show is an offer to pay which was accepted but nothing proffered to implement the offer. Under the circumstances this does not constitute a defense ( New York Utility Co. v. Williamsburg Steam Laundry Co., 187 App. Div. 110; Rosenbaum v. Rose, 35 Misc.2d 431).
Concur — Steuer, J.P., Capozzoli, Tilzer, Rabin and McGivern, JJ.