Legal Opinion

Weinstein v. Helfenberg

New York County Courts

Decided November 15, 1912PublishedCited by 2 opinions

Demurrer to counterclaim.

1Opinion of the CourtDike, J.

A demurrer is interposed here to the counterclaim contained in the amended answer of the defendant. The first ground of demurrer is that the court has not jurisdiction of the subject thereof.

The amended answer sets forth by way of counterclaim that the defendant has performed all acts properly to be performed by him under the alleged contract in question, but that owing to certain acts of the plaintiff the defendant has been damaged in the sum of $8,000 and asks that the complaint be dismissed and for judgment in his favor for that amount.

The jurisdiction of the county court in actions for…

2Cases cited1 opinion

  1. Howard Iron Works v. Buffalo Elevating Co.New York Court of Appeals · 1903

3Cited by2 opinions

  1. Turk v. B. Jakobsons & Son, Inc.Appellate Terms of the Supreme Court of New York · 1946
  2. Bonner v. NashAppellate Terms of the Supreme Court of New York · 1972

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