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CHALFIN v. CHORAS

11 Misc.2d 888 (1958)

Samuel Chalfin, Respondent, v. John Choras, Appellant.

Supreme Court, Appellate Term, First Department.

January 30, 1958.

Attorney(s) appearing for the Case

Jacob I. Polstein and Maurice R. Whitebook for appellant.

Samuel Luloff for respondent.

HECHT, J. P., AURELIO and TILZER, JJ., concur.

Per Curiam.

The ruling of the Trial Judge excluding testimony sought to be introduced by the attorney for the tenant as to conversations with landlord leading up to the execution of the lease in respect of the number of rooms and services required, presents prejudicial error. Tenant should have been permitted to prove his affirmative defenses and counterclaims, particularly when they were interposed under allegations charging

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