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In an action by the vendees named in a contract for the purchase and sale of real property for specific performance, the vendor named in said contract interposed a counterclaim for rents collected by the vendees. The appeal is from so much of an order as denied the vendees’ motion for summary judg
*961 ment striking out the answer and counterclaim (Rules Civ. Prac., rule 113). Order insofar as appealed from affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldock, Ughetta, Hallinan and Kleinfeld, JJ., concur.
Document Info
Citation Numbers: 9 A.D.2d 960, 196 N.Y.S.2d 577, 1959 N.Y. App. Div. LEXIS 5281
Filed Date: 12/31/1959
Precedential Status: Precedential
Modified Date: 10/19/2024