Higgins v. O'Donnell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by plaintiff in an ejectment action (a) from an order denying .her motion to dismiss *982defendant’s equitable counterclaim (still to be tried; see 254 App. Div. 877) for insufficiency, or for a direction that it be made more definite and certain, and (b) from an order staying the collection of trial and appeal costs awarded to her as the prevailing party in her ejectment action. Order denying motion for dismissal of counterclaim or for direction that it be made more definite and certain affirmed, without costs. Plaintiff may procure further information concerning defendant’s counterclaim…
2Cases cited1 opinion
- Higgins v. O'DonnellAppellate Division of the Supreme Court of the State of New York · 1938
3Cited by2 opinions
- Gartrell v. JenningsAppellate Division of the Supreme Court of the State of New York · 1954
- Mitchell Gardens No. 3 Co-Operative Corp. v. Third B N Associates, Inc.New York Supreme Court · 1957