GRANICK v. MOBACH


13 A.D.2d 534 (1961)

Samuel Granick, Respondent, v. Martin T. Mobach et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 20, 1961


Order reversed, with $10 costs and disbursements, and motion denied.

In our opinion, the answering affidavits raise a triable issue. The counterclaim is properly interposed and the damages, if any, established on the trial may be offset to the amount of the plaintiff's demand (Civ. Prac. Act, §§ 266, 267). Plaintiff took the assignment of the bond and mortgage subject to all defenses and counterclaims which defendants had against the assignor (Liebowitz...

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