
    GASPAROWICZ v. OSHINSKY.
    (Supreme Court, Appellate Term, First Department.
    April 14, 1914.)
    Set-Off and Counterclaim: (§ 57*)—Judgment fob Plaintiff.
    In an action for wages, where defendant expressly admitted the claim, but interposed a counterclaim for a less amount, plaintiff was, át all events, entitled to a judgment for the difference between her claim and the counterclaim, and a dismissal of the complaint was erroneous.
    [Ed. Note.—For other cases, see Set-Off and Counterclaim, • Cent. Dig. § 128; Dec. Dig. § 57.*)
    Appeal from Municipal Court, Borough of Manhattan, Eighth District.
    Action by Tessie Gasparowicz against Isidor M. Oshinslcy. From a judgment dismissing the complaint without prejudice, plaintiff appeals.
    Reversed and remanded.
    Argued March term, 1914, before SEABURY, LEHMAN, and BI-JUR, JJ.
    Nathan April, of New York City, for appellant.
    Charles S. Rosenberg, of New York City, for respondent.
   BIJUR, J.

The record of the case shows so irregular a course of practice, both previous to and at the trial, as alone to require a reversal; but, on what may be called the merits, plaintiff sued for $17 wages, which claim defendant expressly admitted and interposed a counterclaim of $12. In any view of the controversy therefore, plaintiff was entitled to a judgment for $5.

Judgment reversed, and new,trial granted, with costs to appellant to abide the event. All concur. i  