Appellate Division of the Supreme Court of New York, Second DepartmentMay 17, 1948
273 App. Div. 1016 (N.Y. App. Div. 1948)

May 17, 1948.

Present — Lewis, P.J., Carswell, Nolan, Sneed and Wenzel, JJ.

Present — Lewis, P.J., Johnston, Adel, Sneed and Wenzel, JJ. [See ante, pp. 918, 1008.]

The motion is referred to the court that rendered the decision.

Motion for reargument granted and on reargument the motion for leave to appeal to the Court of Appeals is granted. The following question is certified: Was the judgment of the Special Term, insofar as it is contained in the last seven decretal paragraphs thereof relating to the counterclaims of the defendants, properly made?