Kelly v. Rathburn
265 A.D. 883, 38 N.Y.S.2d 391, 1942 N.Y. App. Div. LEXIS 6314
Appellate Division of the Supreme Court of the State of New York·Decided November 30, 1942·Published·Cited by 1 cases
Opinion
The conflicting allegations in the affidavits are sufficient to warrant a trial of the issues. The fact that the defendant’s counterclaim is against a person not a party to the action is not sufficient to warrant a dismissal thereof. The counterclaim may be maintained against this plaintiff up to the amount of plaintiff’s demand. (Civ. Pr. Act, § 267, subd. 3.) Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.
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Kelly v. Rathburn, 265 A.D. 883, 38 N.Y.S.2d 391, 1942 N.Y. App. Div. LEXIS 6314 (N.Y. Ct. App. 1942).
265 A.D. 883 (Kelly v. Rathburn) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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71 Misc. 2d 1057 (Civil Court of the City of New York, 1972)