Moore v. Lynch

In plaintiff’s action for conversion defendant has interposed a counterclaim for rent. Defendant was the landlord *386of plaintiff’s judgment debtor and the property alleged to have been converted was left by the tenant on the premises when he gave up possession and surrendered the lease. Plaintiff moves to strike out the counterclaim upon the ground that it is not one of those authorized by subdivision 1 of section 266 of the Civil Practice Act. The question we have here then is, is this defense a cause of action arising out of the contract or transaction set forth in the complaint or connected…