Rifkin v. Ed Zit Holding Corp.

Order, in so far as it denies plaintiff’s motion to strike out second defense and to dismiss counterclaims, reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, upon the ground that both the defense and the counterclaims are insufficient in law. The court cannot make a new contract for the parties. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.