Andron v. Funk
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harris Funic, from so much of an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 24th day of May, 1920, as sustains plaintiff’s demurrer to a counterclaim contained in said defendant’s answer. The ground of the demurrer is that the counterclaim does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Greenbaum, J.:
This action was brought for the partition of a certain two-family house in the borough of The Bronx owned by plaintiff and the appellant as tenants in common. In his answer defendant interposed a defense and a counterclaim which virtually embody the same state of facts. The plaintiff demurred to both the defense and the counterclaim. The justice at Special Term overruled the demurrer so far as the defense was concerned and sustained it as to the counterclaim.
The facts set out in the defense and counterclaim are substantially as follows: That on or about December 1, 1917, the…
2Cases cited1 opinion
- Buschmann v. McDermottAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by8 opinions
- Tramontano v. CatalanoAppellate Division of the Supreme Court of the State of New York · 1965
- Blog v. Burden & Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Casolo v. NardellaNew York Supreme Court · 1948
- Yeshiva University v. EdelmanNew York Supreme Court · 1958
- Jegglin v. RandolphMissouri Court of Appeals · 1928
3 more not listed; retrieve them via the Exa API.