Gregor v. Bird Aircraft Corp.

New York Supreme Court

Gregor v. Bird Aircraft Corp.

145 Misc. 755, 260 N.Y.S. 164, 1932 N.Y. Misc. LEXIS 1563

DecidedSeptember 8, 1932

StatusPublished

This text of 145 Misc. 755 (Gregor v. Bird Aircraft Corp.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gregor v. Bird Aircraft Corp., 145 Misc. 755, 260 N.Y.S. 164, 1932 N.Y. Misc. LEXIS 1563 (N.Y. Super. Ct. 1932).

Pincite

Opinion

Cuff, J.

Action is on written employment contracts. Defendant denies that plaintiff performed the contracts and sets up three counterclaims. Amount sued for is $4,785. Counterclaims total $41,500. Plaintiff relies upon a letter, in which defendant admits that $3,100 is due. This is strong evidence of the debt and will give defendant considerable trouble at the trial. But how are the counterclaims to be disposed of? If defendant later prevails on the counterclaims, even if plaintiff succeeds on his claim too, then defendant never owed plaintiff anything and it would be unjust to allow plaintiff to have partial judgment at this time.

The claim that plaintiff performed his services negligently, to the damage of the defendant, must be tried.

Motion denied.

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Cuff, J.

Action is on written employment contracts. Defendant denies that plaintiff performed the contracts and sets up three counterclaims. Amount sued for is $4,785. Counterclaims total $41,500. Plaintiff relies upon a letter, in which defendant admits that $3,100 is due. This is strong evidence of the debt and will give defendant considerable trouble at the trial. But how are the counterclaims to be disposed of? If defendant later prevails on the counterclaims, even if plaintiff succeeds on his claim too, then defendant never owed plaintiff anything and it would be unjust to allow plaintiff to have partial judgment at this time.

The claim that plaintiff performed his services negligently, to the damage of the defendant, must be tried.

Motion denied.

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Bluebook (online)

145 Misc. 755, 260 N.Y.S. 164, 1932 N.Y. Misc. LEXIS 1563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregor-v-bird-aircraft-corp-nysupct-1932.