Jacrov Amusement Co. v. Fischel

Plaintiff moves to strike out the counterclaim set up in defendants’ answer against plaintiff and Molly Minsky, the latter of whom defendants seek to join as a party defendant, pursuant to the provisions of section 271 of the Civil Practice Act. I do not think that the defendants, by what they here designate as a counterclaim, raise questions between themselves and the plaintiff “ along with ” the third person sought to be joined as a party defendant. The basis of a counterclaim is a cause of action on the part of a defendant against a plaintiff. No cause of action is here stated by the…