Joanes v. Boyle

Appellate Division of the Supreme Court of New York

Joanes v. Boyle

275 A.D.2d 952

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 1949

StatusPublished

This text of 275 A.D.2d 952 (Joanes v. Boyle) 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.

Bluebook

Joanes v. Boyle, 275 A.D.2d 952 (N.Y. Ct. App. 1949).

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Opinion

In our opinion defendants have pleaded an equitable counterclaim, based on the claim that plaintiff acquiesced in the building after she had knowledge of her rights. In such circumstances, defendants are not limited merely to the offset provided by section 1011 of the Civil Practice Act, but may recover the value of the building. (Higgins v. O’Donnell, 254 App. Div. 877.) Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p. 961.]

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In our opinion defendants have pleaded an equitable counterclaim, based on the claim that plaintiff acquiesced in the building after she had knowledge of her rights. In such circumstances, defendants are not limited merely to the offset provided by section 1011 of the Civil Practice Act, but may recover the value of the building. (Higgins v. O’Donnell, 254 App. Div. 877.) Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p. 961.]

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Bluebook (online)

275 A.D.2d 952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joanes-v-boyle-nyappdiv-1949.

Opinion

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