Order modified by adding thereto a provision that the denial of the branch of the motion which was for the assignment of this case to one Justice is denied, without prejudice to a renewal thereof upon a proper showing. As so modified, order affirmed, with $50 costs and disbursements to respondents.
The merit of all of the plaintiff's claims is dependent upon a determination of the defendant's affirmative defenses and counterclaims that plaintiff breached the lease...
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