Elias v. Paragon Films, Inc.
This text of 174 A.D. 918 (Elias v. Paragon Films, Inc.) 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.
Opinion
The second counterclaim does not state a cause of action, and the demurrer to it should be sustained. (Buhler Co. v. New York Dock Co., 170 App. Div. 486.) The demurrer to the first counterclaim should be overruled, as the defendant may offset the sum properly paid by it to finish the work pursuant to the contract. The order is modified accordingly, and as so modified affirmed, without costs. Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ., concurred.
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174 A.D. 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elias-v-paragon-films-inc-nyappdiv-1916.