Eastwood v. Premis

Appeal from an order of the Supreme Court, Albany County which granted defendant’s motion under subdivision 3 of rule 107 of the Rules of Civil Practice to dismiss the complaint. On December 21, 1956 the defendant-respondent began an action in the City Court of Albany against the plaintiff-appellant. The appellant in his answer set forth a counterclaim for malicious prosecution and demanded judgment of $10,000. Thereafter the appellant instituted this action in the Supreme Court, Albany County setting forth the same cause of action for malicious prosecution. The respondent moved to dismiss…