J. Rose & Co. v. Unity Stove Co.

It being conceded on the argument of this appeal that the defendant has paid the amount demanded in the complaint, the only remaining questions are whether the counterclaim is sufficient as a pleading and whether plaintiff is entitled to summary judgment dismissing the counterclaim. We find the counterclaim sufficient as a statement of a cause of action. We doubt that subdivision 3 of rule 113 of the Rules of Civil Practice was intended to encompass a cause of action for an alleged conspiracy in restraint of trade in violation of section 340 of the General Business Law or that such an action…