Legal Opinion
Wolosoff v. Wolosoff
Appellate Division of the Supreme Court of the State of New York
Decided October 21, 1976PublishedCited by 3 opinions
1Opinion of the Court
Judgment, entered June 28, 1976 in New York County, is unanimously reversed, on the law, without costs and without disbursements, and the underlying order, entered June 24, 1976, is unanimously modified, on the law, to the extent of denying defendant’s motion for summary judgment on his counterclaims and is otherwise affirmed, without costs and without disbursements. It is well established that summary judgment should be withheld where a plaintiff asserting a small claim is confronted with a much larger counterclaim intimately related to the facts of plaintiff’s claim even though plaintiff’s…
2Cases cited4 opinions
- Dalminter, Inc. v. DalmineAppellate Division of the Supreme Court of the State of New York · 1968
- Pease & Elliman, Inc. v. 926 Park Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1965
- Illinois McGraw Electric Co. v. John J. Walters, Inc.New York Court of Appeals · 1959
- Pease & Elliman, Inc. v. 926 Park Avenue Corp.New York Court of Appeals · 1966
3Cited by3 opinions
- Marinelli v. ShifrinAppellate Division of the Supreme Court of the State of New York · 1999
- P. S. Griswold Co. v. Cortland Glass Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Chrysler Corp. v. Fedders Corp.Appellate Division of the Supreme Court of the State of New York · 1979