Halbe v. Adams (176 A.D. 597, 1917)

Page, J:

For the reasons given in Halbe v. Adams, No. 1 (176 App. Div. 588), decided herewith, the judgment will be reversed, with costs, the counterclaim dismissed on the merits, and the case remitted to the Trial Term for disposition of the remaining issues of fact.

Clarke, P. J., Scott and Batís, JJ., concurred; Smith, J., dissented.

Judgment reversed, with costs, and counterclaim dismissed on the merits and case remitted to Trial Term as stated in opinion. Order to be settled on notice.