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

Plaintiff seeks to recover damages for wrongful eviction from the premises leased by him from the defendant, 147 and 149 West 57th Street Corporation. The defendants in addition to the general and specific denials contained in their amended answer allege, by way of counterclaim, damages sustained by said defendant corporation as the result of a breach of the lease by plaintiff.' Plaintiff moves to strike out the' counterclaim on the ground that it is not one which may be properly interposed in the action. The question as to whether the counterclaim is to stand or fall must be determined in…