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DE KIRALYI v. LA RUEA

Supreme Court, Appellate Term, First Department.
Jan 2, 1946

MEMORANDUM

Per Curiam.

It was improper to summarily dismiss tenant's counterclaim. The final order should be reversed and new trial ordered, with $30 costs to appellant to abide the event.

HAMMER, McLAUGHLIN and EDER, JJ., concur.

Order reversed, etc.