Fitzgerald v. Rightmeyer
New York Supreme Court
Motion to strike out portions of the reply which set up separate and distinct claims against the defendant in opposition to the counterclaim in the answer.
1Opinion of the CourtHerrick, J.
The complaint is for goods sold and delivered. The answer consists of a general denial, and of a counterclaim against the plaintiffs for the use of vehicles furnished to the plaintiffs.
The reply to the counterclaim consists of a denial, and also of a further additional claim, to that set forth in the complaint, for goods sold and delivered, and work, labor and services, being separate and distinct causes of action to that set up in the' complaint, but of the same nature.
And the motion is to strike out that portion of the reply which sets up separate and distinct claims for goods sold and…
2Cited by2 opinions
- William H. Frank Brewing Co. v. HammersenAppellate Division of the Supreme Court of the State of New York · 1897
- Fett v. GreensteinAppellate Terms of the Supreme Court of New York · 1905