Legal Opinion
Chevron Oil Co. v. Atlas Oil Co. of Utica, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 23, 1967PublishedCited by 5 opinions
1Opinion of the Court
Memorandum: In affirming we state briefly our reasons therefor. Prior to September 1, 1963— the effective date of CPLR — a party liable on one portion of a contract, in an action brought against him thereon, could counterclaim for damages for breach of another part of the same contract, even though the cause of action set forth in the counterclaim would be outlawed if an independent action were brought thereon. (Carmody-Wait, New York Practice, p. 451 and eases therein cited.) But such a counterclaim based upon a tort could not be asserted in an action brought on contract. (Fish v. Conley,…
2Cases cited2 opinions
- Busch v. Interborough Rapid Transit Co.New York Court of Appeals · 1907
- Fish v. ConleyAppellate Division of the Supreme Court of the State of New York · 1927
3Cited by5 opinions
- International Fidelity Insurance v. County of RocklandDistrict Court, S.D. New York · 2000
- Lincoln First Bank v. RupertAppellate Division of the Supreme Court of the State of New York · 1977
- Kaiser v. FishmanAppellate Division of the Supreme Court of the State of New York · 1988
- Falk v. FFF Industries, Inc.District Court, S.D. New York · 1990
- Brink's Inc. v. City of New YorkDistrict Court, S.D. New York · 1982