Remnek v. Sindell

Order unanimously reversed, without costs, defendants’ motion to amend the answer granted, answer deemed amended, and plaintiff’s motion for summary judgment granted to the extent of directing partial judgment in his favor in the sum of $200, with appropriate costs in the court below. The action is severed as to the balance of plaintiff’s claim for treble damages and a counsel fee, and as to defendants’ counterclaim for unpaid rent.

The affidavits show that defendants collected rent from the plaintiff at the rate of $75 per month from February 1, 1959 through March 31, 1960. On January 9, 1963…