Gulf v. City of New York
This text of 271 A.D.2d 1008 (Gulf v. City of New York) 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
Order, insofar as it denies plaintiff’s motion to dismiss the counterclaim, unanimously modified, with $20 costs and disbursements to the appellant, so as to dismiss the counterclaim upon the ground that it is not properly interposed in the action inasmuch as it fails to allege a presently existing cause of action (Bates V. 55 and 57 East 65th Street Corporation, 249 App. Div. 119; 3 Carmody on New York Pleading and Practice, § 996.) Section 266 of the Civil Practice Act does not alter this requirement. Settle order on notice. Present — Martin, P. J., Cohn, Callahan and Van Yoorhis, JJ. [188 Misc. 279.] [See 272 App. Div. 793.]
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271 A.D.2d 1008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulf-v-city-of-new-york-nyappdiv-1947.