Forsstrom v. Utility Steel Co.

Appellate Terms of the Supreme Court of New York

Forsstrom v. Utility Steel Co.

132 Misc. 409, 229 N.Y.S. 626, 1928 N.Y. Misc. LEXIS 912

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 21, 1928

StatusPublished

This text of 132 Misc. 409 (Forsstrom v. Utility Steel Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Forsstrom v. Utility Steel Co., 132 Misc. 409, 229 N.Y.S. 626, 1928 N.Y. Misc. LEXIS 912 (N.Y. Ct. App. 1928).

Pincite

Opinion

Per Curiam.

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.

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Per Curiam.

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.

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Bluebook (online)

132 Misc. 409, 229 N.Y.S. 626, 1928 N.Y. Misc. LEXIS 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forsstrom-v-utility-steel-co-nyappterm-1928.

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