Pezenik v. Greenberg
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court, borough of Manhattan, sixth district, rendered after trial in favor of the defendant.
1Opinion of the CourtWeeks, J.
This is an action in replevin brought to recover possession of an automobile belonging to plaintiff, on which defendant had made repairs, for which he claimed a lien.
The pleadings were oral and defendant’s answer was a general denial and counterclaim for $154.50.. The right to plead such counterclaim in an action for replevin is recognized in Scognamillo v. Passarelli, 210 N. Y. 550, reversing 157 App. Div. 428, on the dissenting opinion of Scott, J., below at page 433
The facts in the present case are as follows:
The plaintiff was the owner of an automobile which had been damaged by collision…
2Cases cited6 opinions
- Wiles Laundering Co. v. . HahloNew York Court of Appeals · 1887
- Scognamillo v. . PassarelliNew York Court of Appeals · 1914
- Chandler v. BeldenNew York Supreme Court · 1820
- Trust v. PirssonNew York Court of Common Pleas · 1857
- Scognamillo v. PassarelliAppellate Division of the Supreme Court of the State of New York · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Permanente Products Co. v. Bell Aircraft Corp.Appellate Division of the Supreme Court of the State of New York · 1950