Gray v. Met Contracting Corp.
167 N.Y.S.2d 498
| N.Y. App. Div. | 1957

Order unanimously modified so as to grant the motion to the extent of striking out the second defense and counterclaim, and so as to direct the service of an amended answer pleading in the first defense the facts upon which the claim of estoppel is grounded. As so modified, the order is affirmed, without costs. Settle order on notice. Concur — Peck, P. J., Breitel, Frank, Valente and McNally, JJ. [See ante, p. 495.]