Dewash, Inc. v. Gallary

Full title: DEWASH, INC., Respondent, v. JOHN F. GALLARY, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 19, 1949

275 App. Div. 900 (N.Y. App. Div. 1949)

Opinion

May 19, 1949.

Present — Taylor, P.J., McCurn, Love, Kimball and Piper, JJ. [See post, p. 997.]

Orders reversed on the law, with $10 costs and disbursements, and motion to strike out defenses and counterclaim denied, with $10 costs. (See Janks v. Central City Roofing Co., 271 App. Div. 545. ) We do not pass upon the sufficiency of the petition. All concur. (The order of Erie Special Term, BATT, J., affirms an order of Buffalo City Court, LATONA, J., striking out defendant's affirmative defense and dismissing defendant's counterclaim in a summary proceeding to recover possession of leased premises.)