MEAGHER, J.
This case came before the court upon the motion of the plaintiff to dismiss the defendant's counterclaim. A hearing was held on April 16, 1975. No evidence was introduced at said time but a review of the pleadings and plaintiff and defendant's memoranda reveal the following: The plaintiff, on January 7, 1975, filed a complaint demanding restitution of the premises in which the defendant was living and also for past due rents. On January 24, 1975, the defendant...
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