Schlesinger v. Rachmil

Appellate Terms of the Supreme Court of New York

Schlesinger v. Rachmil

94 N.Y.S. 12

Appellate Terms of the Supreme Court of New York·Decided May 23, 1905·Published

Opinion

PER CU1RIAM.

Under subdivision 3, § 152, Municipal Court Act (Laws 1902, p. 1539, c. 580), all that defendant was entitled to. was to set off against plaintiff’s claim so much of the amount claimed by defendant as would satisfy plaintiff’s demand. The section, forbids an affirmative judgment upon the counterclaim.

The judgment must be modified so as to dismiss the complaint upon the merits, and, as so modified, will be affirmed, without costs.

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PER CU1RIAM.

Under subdivision 3, § 152, Municipal Court Act (Laws 1902, p. 1539, c. 580), all that defendant was entitled to. was to set off against plaintiff’s claim so much of the amount claimed by defendant as would satisfy plaintiff’s demand. The section, forbids an affirmative judgment upon the counterclaim.

The judgment must be modified so as to dismiss the complaint upon the merits, and, as so modified, will be affirmed, without costs.

Schlesinger v. Rachmil, 94 N.Y.S. 12 (N.Y. Ct. App. 1905).

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