Forsstrom v. Utility Steel Co.
132 Misc. 409, 229 N.Y.S. 626, 1928 N.Y. Misc. LEXIS 912
Opinion
Levine v. Hogan-Levine Co. (200 App. Div. 487) has no application whatever to this case. Here there was no performance, no tender of performance, and these plaintiffs assumed all the obligations of their assignor. Even if the latter element were not present, the counterclaim would be available to the defendant under section 267 of the Civil Practice Act, subdivisions 1 and 2.
[410]*410Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.
All concur; present, Bijur, Levy and Crain, JJ.
Free access — add to your briefcase to read the full text and ask questions with AI
Forsstrom v. Utility Steel Co., 132 Misc. 409, 229 N.Y.S. 626, 1928 N.Y. Misc. LEXIS 912 (N.Y. Ct. App. 1928).
132 Misc. 409 (Forsstrom v. Utility Steel Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Levine v. Hogan-Levine Co.
200 A.D. 487 (Appellate Division of the Supreme Court of New York, 1922)