¶1— Judgment unanimously affirmed, nunc pro tunc as of February 17, 1954, and that the respondents recover of the appellant the costs of this appeal. In affirming we do not pass upon defendant’s application now pending before Special Term to replead the counterclaim. Present — Dore, J. P., Breitel, Bastow and Bergan, JJ. [See post, pp. 871, 1053.]
283 A.D. 773
Bata v. Bata
Appellate Division of the Supreme Court of the State of New York
Decided March 9, 1954
Appellate Division of the Supreme Court of the State of New York · decided 1954-03-09
Decided 1954-03-09