Irish Free State v. Guaranty Safe Deposit Co.

The plaintiffs move to strike out the counterclaims contained in the answers of the intervenors pursuant to the order made by me on January 7, 1926. I deem it unnecessary to repeat the considerations expressed in my opinion (126 Misc. 269) which permitted the allowance of the intervention. These motions to strike out raise essentially only questions as to the form of the *87relief which I there stated to be “ a matter for determination by the trial court.”

The counterclaim contained in the answer of the Noonan group is clearly open to none of the objections urged by the plaintiffs. It merely sets…