Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion is denied and, upon searching the record, the third counterclaim is dismissed.
In the defendant's third counterclaim it was alleged, in relevant part, that the plaintiff, acting "under color and authority of its ordinance, Section 160 et seq., by its misuse of power has subjected the defendant * * * to the deprivation of rights, privileges and...
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