Kelly v. Rathburn

Appellate Division of the Supreme Court of New York

Kelly v. Rathburn

265 A.D. 883, 38 N.Y.S.2d 391, 1942 N.Y. App. Div. LEXIS 6314

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

DecidedNovember 30, 1942

StatusPublished

Cited by1 cases

This text of 265 A.D. 883 (Kelly v. Rathburn) 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

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).

Pincite

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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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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Bluebook (online)

265 A.D. 883, 38 N.Y.S.2d 391, 1942 N.Y. App. Div. LEXIS 6314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-rathburn-nyappdiv-1942.

Opinion

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