Amy Corp. v. Wendt

Appellate Division of the Supreme Court of New York

Amy Corp. v. Wendt

277 A.D.2d 1088

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 1, 1950

StatusPublished

This text of 277 A.D.2d 1088 (Amy Corp. v. Wendt) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amy Corp. v. Wendt, 277 A.D.2d 1088 (N.Y. Ct. App. 1950).

Pincite

Opinion

Order affirmed, with $10 costs and disbursements. Memorandum: The cause of action alleged in the answer against the defendant-appellant is erroneously labeled as a counterclaim. However, it does not state an affirmative cause of action against the defendant-appellant which should not be stricken on motion. When the facts are developed at the trial, if the plaintiff is successful, the court may then determine whether or not defendants-respondents are entitled to the relief asked for against the defendant-appellant. All concur. (Appeal from an order denying a motion to strike out part of an answer which asked affirmative relief against a codefendant.) Present — Taylor, P. J., McCurn, Vaughan, Kimball and Piper, JJ.

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Order affirmed, with $10 costs and disbursements. Memorandum: The cause of action alleged in the answer against the defendant-appellant is erroneously labeled as a counterclaim. However, it does not state an affirmative cause of action against the defendant-appellant which should not be stricken on motion. When the facts are developed at the trial, if the plaintiff is successful, the court may then determine whether or not defendants-respondents are entitled to the relief asked for against the defendant-appellant. All concur. (Appeal from an order denying a motion to strike out part of an answer which asked affirmative relief against a codefendant.) Present — Taylor, P. J., McCurn, Vaughan, Kimball and Piper, JJ.

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Bluebook (online)

277 A.D.2d 1088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amy-corp-v-wendt-nyappdiv-1950.