Janas v. Wagstaff , 1 A.D.2d 879 ( 1956 )

Order unanimously modified to the extent of reinstating the first counterclaim and, as so modified, affirmed, without costs. If defendant prevails plaintiff should be required, as demanded in the answer, to surrender the note for cancellation. Concur — Peck, P. J., Breitel, Botein, Rabin and Bergan, JJ.