Perlmutter v. Timely Toys, Inc.

— In an action by the owners. of a building against its former tenant, the appeal is from so much of an order as denied their motion under rule 113 of the Rides of Civil Practice to dismiss the counterclaim alleged in paragraphs VII and VIII of the answer. That counterclaim sought to recover from appellants rents for the month of March, 1957, received by them from various subtenants, and the amount expended by respondent during that month for elevator services, heat, and other services. The operative facts were conclusively established by the affidavits which were submitted. Respondent had…