Baldwin v. Wanagru Realty Corp.

Order denying plaintiffs’, motion to strike out amended answer and grant summary judgment affirmed, with ten dollars costs and disbursements. No opinion. Rich, Young and Tompkins, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent with the following memorandum: This is an action upon a promissory note executed by the defendant. Defendant seeks to set up, as a defense and as a counterclaim for damages, fraud practiced upon it by the plaintiffs in an entirely separate and distinct transaction for the sale of real estate. It appears affirmatively, however, and indeed defendant does not…