Diamond v. Polivnick

The action is to recover $24,000 allegedly overpaid by plaintiffs to defendant on the closing of a written agreement for the purchase of aE the issued stock of a realty corporation owned by defendant. The answer, in addition to a general denial, contains two separate. defenses and an equitable counterclaim for reformation of the agreement. Pursuant to section 443 of the Civil Practice Act, defendant moved for an order directing a separate and prior trial of the issues raised by the counterclaim and plaintiffs’ reply thereto. The motion *855was denied and defendant appeals. Order affirmed, with…