CITIES SERVICE OIL COMPANY v. Cronan

Hall, Presiding Judge.

In an action on an account brought in the Civil Court of Fulton County, plaintiff appeals from the denial of its motion to dismiss the defendant’s counterclaim. The court certified the order for immediate review.

The counterclaim is based on an alleged tortious act and seeks recovery for property damage. Plaintiff contends the Civil Court has no jurisdiction to entertain the counterclaim. It cites cases which held that such a setoff of claims could only be done in equity, and asserts (correctly) that the Civil Court has no equitable jurisdiction.

However, the cited cases…