Legal Opinion
City of New York v. Alpha Contracting Corp.
Appellate Terms of the Supreme Court of New York
Decided June 23, 1944PublishedCited by 3 opinions
1Opinion of the Court
Memobandum Per Curiam.'
The counterclaim interposed by defendant is barred by the six months’ period of limitation contained in the contract entered into between the parties. Such limitation is to be considered on a parity with corresponding statutory provisions. (Amex Asphalt Corp. v. City of New York, 263 App. Div. 968, affd. 288 N. Y. 721.) The fact that the counterclaim arose out of the same contract upon which plaintiff’s cause of action is predicated, will not rescue the counterclaim in view of the prohibition contained in section 61 of the Civil Practice Act. (Fish v. Conley, 221 App.…
2Cases cited4 opinions
- Amex Asphalt Corporation v. City of New YorkNew York Court of Appeals · 1942
- Amex Asphalt Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
- Fish v. ConleyAppellate Division of the Supreme Court of the State of New York · 1927
- Garben v. McKittrickAppellate Division of the Supreme Court of the State of New York · 1928
3Cited by3 opinions
- Planet Construction Corp. v. Board of EducationNew York Court of Appeals · 1960
- Raymond International, Inc. v. City of New YorkDistrict Court, S.D. New York · 1981
- Afsco Specialties, Inc. v. Maryland Casualty Co.New York Supreme Court · 1962