Order and judgment unanimously reversed, with costs, and motion to dismiss defendant's affirmative defense and counterclaim denied.
Memorandum:
Defendant appeals from an order and judgment which dismissed its affirmative defense and counterclaim for failure to state a defense and counterclaim, denied leave to replead, and granted partial summary judgment to plaintiff. Plaintiff sued to recover $11,983.33 which he alleges defendant improperly seized from funds...
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