Legal Opinion
Garben v. McKittrick
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1928PublishedCited by 4 opinions
1Opinion of the Court
Order granting defendant’s motion to strike out the first separate defense contained in the reply to the counterclaim in defendant’s amended answer reversed upon the law and the facts, with ten dollars costs and disbursements, and motion .denied, with ten dollars costs. The Statute of Limitations was properly pleaded as a defense to the counterclaim, which attempts to set forth a cause of action for malpractice. (Fish v. Conley, 221 App. Div. 609; Black v. Van Aiken, 224 id. 759.) Lazansky, P. J., Rich, Young, Kapper and Hagarty, JJ., concur.
2Cases cited1 opinion
- Fish v. ConleyAppellate Division of the Supreme Court of the State of New York · 1927
3Cited by4 opinions
- City of New York v. Alpha Contracting Corp.Appellate Terms of the Supreme Court of New York · 1944
- Kosolapov v. Russo-Asiatic BankNew York Supreme Court · 1932
- Hammill v. CurtisAppellate Division of the Supreme Court of the State of New York · 1962
- In re the Arbitration between SCM Corp. & Fisher Park Lane Co.New York Court of Appeals · 1976