Hunter v. Fiss
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Fiss, 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 2d day of December, 1903, denying the defendant’s motion “for judgment dismissing the plaintiff’s complaint with costs upon the counterclaims contained in the defendant’s answer herein, or for such other and further relief as to the court may seem proper.”
1Opinion of the Court
Patterson, J.:
The question presented on this appeal arises upon a motion made by the defendant for judgment upon matters set up as counterclaims contained in the defendant’s answer, and which as counterclaims were not replied to. It was a special motion made under the provisions of *165section 515 of the Code of Civil Procedure, by which it is enacted that “ if the plaintiff fails to reply or demur to the counterclaim, the defendant may apply, upon notice; for judgment thereupon, and if the case requires it, a reference may be ordered or a writ of inquiry may be issued as prescribed in chapter…
2Cited by3 opinions
- Crompton v. SeaichAppellate Division of the Supreme Court of the State of New York · 1911
- Connell v. Equitable Motor Truck Co.Appellate Division of the Supreme Court of the State of New York · 1921
- In re Jordan Cemetery Ass'nNew York Supreme Court · 1962