Gulf v. City of New York

Appellate Division of the Supreme Court of New York

Gulf v. City of New York

271 A.D.2d 1008

Appellate Division of the Supreme Court of the State of New York·Decided March 21, 1947·Published

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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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.]

Gulf v. City of New York, 271 A.D.2d 1008 (N.Y. Ct. App. 1947).

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