REMNEK v. SINDELL


42 Misc.2d 291 (1964)

David R. Remnek, Appellant, v. Fred Sindell et al., Respondents.

Supreme Court, Appellate Term, Second Department.

January 16, 1964


Attorney(s) appearing for the Case

Israel & Taubenblatt (Donald F. Reiner of counsel), for appellant. Martin D. Kellman for respondents.

Concur — HART, PETTE and GROAT, JJ.


Per Curiam.

Order unanimously reversed, without costs, defendants' motion to amend the answer granted, answer deemed amended, and plaintiff's motion for summary judgment granted to the extent of directing partial judgment in his favor in the sum of $200, with appropriate costs in the court below. The action is severed as to the balance of plaintiff's claim for treble damages and a counsel fee, and as to defendants' counterclaim for unpaid rent.

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