Brooks v. Brooks

Appellate Division of the Supreme Court of New York

Brooks v. Brooks

235 A.D. 743

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

DecidedMarch 15, 1932

StatusPublished

This text of 235 A.D. 743 (Brooks v. Brooks) 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

Brooks v. Brooks, 235 A.D. 743 (N.Y. Ct. App. 1932).

Pincite

Opinion

Order denying plaintiff’s motion to dismiss counterclaim in defendant’s answer reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to the defendant to amend his answer by pleading the facts stated in the counterclaim as a defense, upon payment of ten dollars costs. The matters pleaded as a counterclaim may constitute a defense, but may not be pleaded as a counterclaim. Lazansky, P. J., Kapper, Hagarty, Tompkins and Davis, JJ., concur.

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Order denying plaintiff’s motion to dismiss counterclaim in defendant’s answer reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to the defendant to amend his answer by pleading the facts stated in the counterclaim as a defense, upon payment of ten dollars costs. The matters pleaded as a counterclaim may constitute a defense, but may not be pleaded as a counterclaim. Lazansky, P. J., Kapper, Hagarty, Tompkins and Davis, JJ., concur.

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Bluebook (online)

235 A.D. 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-brooks-nyappdiv-1932.