Alver v. Farmer Boy Corn & Equipment Co. , 1 A.D.2d 820 ( 1956 )

Order unanimously affirmed, with $20 costs and disbursements to the respondent. The measure of damages under the complaint or counterclaim is not a question before us on an appeal from an order denying a motion to dismiss the counterclaim and for summary judgment. Concur -—Peck, P. J., Bastow, Rabin, Cox and Frank, JJ.