Strausberg v. Goldbaum

Appellate Division of the Supreme Court of New York

Strausberg v. Goldbaum

264 A.D. 738, 35 N.Y.S.2d 163, 1942 N.Y. App. Div. LEXIS 4442

Appellate Division of the Supreme Court of the State of New York·Decided April 20, 1942·Published

Opinion

— Action at law. The complaint demands judgment for a sum of money only. Defendant-respondent in his answer pleaded an equitable counterclaim, which he also invoked as a defense. Order dated December 4, 1941, denying motion of plaintiff-appellant for a prior and separate trial of defendant-respondent’s equitable counterclaim, and order dated January 27, 1942, denying a similar motion made by defendant-appellant, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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— Action at law. The complaint demands judgment for a sum of money only. Defendant-respondent in his answer pleaded an equitable counterclaim, which he also invoked as a defense. Order dated December 4, 1941, denying motion of plaintiff-appellant for a prior and separate trial of defendant-respondent’s equitable counterclaim, and order dated January 27, 1942, denying a similar motion made by defendant-appellant, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

Strausberg v. Goldbaum, 264 A.D. 738, 35 N.Y.S.2d 163, 1942 N.Y. App. Div. LEXIS 4442 (N.Y. Ct. App. 1942).

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