Holbert v. Cummings

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the ground that the defense is insufficient in law upon the face thereof viewed either as a defense or as a counterclaim. (Marsh v. Woodworth, 180 App. Div. 604.) Present — Dowling, P. J., Finch, McAvoy, Martin and Proskauer, JJ.