¶1Order unanimously modified to the extent of reinstating the first counterclaim and, as so modified, affirmed, without costs. If defendant prevails plaintiff should be required, as demanded in the answer, to surrender the note for cancellation. Concur — Peck, P. J., Breitel, Botein, Rabin and Bergan, JJ.
1 A.D.2d 879
Janas v. Wagstaff
Appellate Division of the Supreme Court of the State of New York
Decided March 27, 1956
Appellate Division of the Supreme Court of the State of New York · decided 1956-03-27
Decided 1956-03-27