Christman v. Starr , 33 N.Y.2d 885 ( 1973 )

Order reversed, with costs, for the reasons stated in the dissenting opimon at the Appellate Division, and the case remitted to Supreme Court, Albany County, for assessment of defendant’s damages under his counterclaims.

Concur: CMef Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler.