Order unanimously modified in accordance with memorandum, and as so modified affirmed, without costs.
Memorandum:
The venue of the original action between the parties for breach of contract was in the City Court of the City of Rochester. The instant action arising out of the same matter, was commenced in Supreme Court. Plaintiff sought $7,236.61 and defendant asserted counterclaims totaling $2,990. After defendant served upon plaintiff a notice to admit, plaintiff...
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