Schlesinger v. Rachmil

Appellate Terms of the Supreme Court of New York

Schlesinger v. Rachmil

94 N.Y.S. 12

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 23, 1905

StatusPublished

This text of 94 N.Y.S. 12 (Schlesinger v. Rachmil) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

94 N.Y.S. 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schlesinger-v-rachmil-nyappterm-1905.