Joanes v. Boyle

Appellate Division of the Supreme Court of New York

Joanes v. Boyle

275 A.D.2d 952

Appellate Division of the Supreme Court of the State of New York·Decided June 13, 1949·Published

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.]

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

Pincite

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Opinion

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