Legal Opinion
Phillips v. Manufacturers Trust Co.
New York Supreme Court
Decided October 9, 1940PublishedCited by 4 opinions
1Opinion of the CourtMiller, J.
Although section 261 of the Civil Practice Act permits a defendant to set forth in his answer counterclaims as well as denials and defenses, section 272 of the Civil Practice Act permits a plaintiff to include in a reply only denials and defenses. Matter in recoupment or setoff must be pleaded as a counterclaim and not as a defense. (Deeves & Son v. Manhattan Life Ins. Co., 195 N. Y. 324, 332-334; Merry Realty Co., Inc., v. S. & H. R. E. Co., 186 App. Div. 538, 542, 543; revd. on other grounds, 230 N. Y. 316.) It follows that the allegations of the reply to which the present motion is…
2Cases cited7 opinions
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
- Seibert v. . DunnNew York Court of Appeals · 1915
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Young v. DresserAppellate Division of the Supreme Court of the State of New York · 1910
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3Cited by4 opinions
- Pekofsky v. StateNew York Court of Claims · 1958
- Paretta v. White Acres Realty Corp.New York Supreme Court · 1948
- Phillips v. Manufacturers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941
- Seligmann v. MandelNew York Supreme Court · 1959