Opinion
April 7, 1961
Appeal from the Onondaga Special Term.
Present — Williams, P.J., Bastow, Halpern, McClusky and Henry, JJ.
Order unanimously reversed, with $25 costs and disbursements and motion denied, with $10 costs. Memorandum: We find that the allegations of paragraphs 5 and 6 of the answer state a good defense of rescission and we also find that the allegations of paragraph 9 state a good counterclaim.