Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, without costs or disbursements, and that branch of the appellant's motion, in effect, for summary judgment dismissing the counterclaim asserted against him in Action No. 2 is granted.
Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in denying that branch of the appellant's motion which was, in effect, for summary judgment...
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