Appellate Division of the Supreme Court of the State of New York April 22, 1968 (National Conversion Corp. v. Cedar Building Corp.)

In an action by a lessee of real property to recover damages for fraud and breach of warranty, in which defendant Henry Zirinsky interposed counterclaims to recover the amount due as rent, additional rent and for reasonable use and occupation of the premises, which action was consolidated with a summary proceeding instituted on behalf of the defendant lessors, the latter appeal from so much of a