Zysman v. 147 & 149 West 57th Street Corp.

An order was made here denying the motion of plaintiff to strike out the counterclaim interposed in the action by the defendants. The ground of the motion was that the counterclaim is not one which may be properly interposed in this class of actions.

The cause of action in the complaint is one to recover damages for eviction of plaintiff from certain premises leased to him by the defendant corporation. The counterclaim demanded damages sustained by the defendant corporation as a result of a breach of the lease under which plaintiff held. The counterclaim was, therefore, for damages for a…