E. Robison, Inc. v. Quinn

Plaintiff moves for an order striking the note of issue and statement of readiness in the above matter and the notice of appeal and dismissing the same. Plaintiff obtained a judgment in the Justice’s Court of the Town of Greenburgh. in the amount of $172; the complaint sought damages of $203.93. In the court below the defendant counterclaimed for an unspecified amount.

Defendant, by notice of appeal, dated April 6, 1965, appealed to this court for a trial de novo. Section 442 of the Justice Court Act provides that where an issue of fact or law was joined before the Justice below and the sum…