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RHO REALTY CORP. v. H-M-C CORP.

17 Misc.2d 795 (1959)

Rho Realty Corp., Plaintiff, v. H-M-C Corporation, Defendant.

Supreme Court, Special Term, Albany County.

January 28, 1959.

Attorney(s) appearing for the Case

George Myers for plaintiff.

Garry & Cahill for defendant.

DONALD S. TAYLOR, J.

The plaintiff sues to recover an installment payment of rent due April 1, 1958 under the provisions of a written agreement entered into by the parties on September 30, 1957. It moves to strike the amended answer pursuant to rule 104 of the Rules of Civil Practice. Since the pleading contains a counterclaim, this rule does not apply. (Cwanek v. Kopnak, 3 A.D.2d 645, appeal dismissed

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