Monchas Realty Corp. v. Bengo Realty & Improvement Corp.

259 A.D. 952 Court N.Y. App. Div. Decision date 1940-05-22 English

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p. 952

Monchas Realty Corp., Appellant, v. Bengo Realty & Improvement Corp., Respondent.

Appeal from an order dismissing a complaint on the ground that" the affirmative defenses are in reality counterclaims. Order reversed, with

p. 953

ten dollars costs, and motion denied, with ten dollars costs, on the ground that there is no other action pending. Hill, P. J., Crapser, Bliss, Heffeman and Poster, JJ., concur.