Goldberg v. Wood
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an interlocutory judgment of the City Court of the city of Hew York, overruling plaintiff’s demurrer to defendant’s counterclaim.
1Opinion of the CourtFreedman, P. J.
Defendant’s counterclaim which was demurred to for insufficiency, purports to be a cause of *328action, for rent under an alleged agreement to lease. In considering its sufficiency, the complaint cannot be resorted to as part of the counterclaim where, as in this ease, no reference to it is made. An affirmative defense or a counterclaim must be treated as a separate plea, and upon demurrer thereto, the defendant is not even entitled to the benefit of denials made elsewhere in the answer unless incorporated in the separate plea by reiteration or appropriate reference. Blaut v. Blaut, 41 Misc. Rep.…
2Cases cited3 opinions
- Blaut v. BlautNew York Supreme Court · 1903
- Gray Lithograph Co. v. American Watchman's Time Detector Co.Appellate Terms of the Supreme Court of New York · 1904
- Salomon v. WeisbergAppellate Terms of the Supreme Court of New York · 1899