Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs.
Memorandum:
Plaintiffs, trustees of the bankrupt Penn Central Transportation Company, appeal from a Special Term order denying their motion for summary judgment on their complaint and for dismissal of the affirmative defense and counterclaim in the answer, and removing the case to Utica City Court for trial. The action is to recover $248.05, representing freight...
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