Order reversed insofar as appealed from, on the law, with costs, and action dismissed, without prejudice to the plaintiff, if it be so advised to either commence a new action, or to move to amend its answer in the action entitled Net Realty Holding Trust v County Seat Plaza Assoc. & Pergament Distribs., pending in the Supreme Court, Nassau County, to assert this matter as a counterclaim and to move for a preliminary injunction in that action.
Since the...
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