Sayre v. Progressive Construction & Leasing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Progressive Construction and Leasing Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of February, 1913, dismissing the defendant’s counterclaim, with costs, and also from the final judgment entered in said clerk’s office on the 26th day of February, 1913, pursuant to said order, as said judgment was resettled and amended by an order entered…
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Appeal by the defendant, Progressive Construction and Leasing Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of February, 1913, dismissing the defendant’s counterclaim, with costs, and also from the final judgment entered in said clerk’s office on the 26th day of February, 1913, pursuant to said order, as said judgment was resettled and amended by an order entered in said clerk’s office on the 23d day of July, 1913.
1Opinion of the Court
Laughlin, J.:
Other issues raised by the amended 'complaint and amended answer, so far as this record shows, remain undetermined. No demurrer which might have been brought on for trial by motion (Code Civ. Proc. § 976) was interposed to the counterclaim. The judgment dismissing the counterclaim was entered pursuant to an order made on the plaintiff’s motion for judgment dismissing it.
We do not deem it necessary to consider the sufficiency of the counterclaim, for that question could not be presented for decision by a motion which, if granted, would not dispose of all of the issues in the…
2Cases cited6 opinions
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1903
- Draper v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Stevenson v. DevinsAppellate Division of the Supreme Court of the State of New York · 1913
- Bauer v. HawesAppellate Division of the Supreme Court of the State of New York · 1906
- Bigelow v. DrummondAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by3 opinions
- Koppel Industrial Car & Equipment Co. v. Portalis & Co.Appellate Division of the Supreme Court of the State of New York · 1923
- American Union Line, Inc. v. Oriental Navigation Corp.Appellate Division of the Supreme Court of the State of New York · 1924
- Sayre v. Progressive Construction & Leasing Co.Appellate Division of the Supreme Court of the State of New York · 1914