Order affirmed, without costs.
Plaintiff's claims, the validity of which is supported by proof sufficient to create issues of fact, are for an amount in excess of the sum sought to be recovered by defendant. Under these circumstances, defendant's motion for summary judgment should be denied, even though plaintiff concedes the unlawful commingling of the security deposit with its own funds, which commingling is the basis for one of the counterclaims (Illinois McGraw...
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