Order modified on the law by adding a provision that the defendant may set up such counterclaim as he may be advised for the alleged breach of the alleged contract for a joint venture, and as so modified, the order is affirmed, with $10 costs and disbursements, payable to respondent.
Such counterclaim may be served within ten days from the entry of an order hereon. The agreement, that the mortgages were not intended to create any indebtedness between the parties,...
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