Buzzell v. Mills
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, entered April 9, 1969, unanimously affirmed, with $50 costs and disbursements to defendant-respondent. The cross claim is sufficient as a pleading. (See CPLR 3014; Lane v. Mercury Record Corp., 21 A D 2d 602, 605, affd. 18 N Y 2d 889; Foley v. D’Agostino, 21 A D 2d 60.) This determination is without prejudice to an application at Special Term for a stay of proceedings on the cross claim, including disclosure proceedings thereon and the trial thereof, pending the trial of the main action and pending the accounting, if any, directed therein. Such application may be justified on the basis…
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