E. Sonnenschein & Co. v. Roberts Companies of America, Inc.

The fraudulent misrepresentations alleged in the counterclaim are not claimed to be part of a general plan and should, therefore, be separately stated and numbered (People v. Tweed, 63 N. Y. 194, 200; Wesiheimer v. Musliner, 46 App. Div. 96; McCaffrey v. Halsey Stuart & Co., Inc., 250 App. Div. 429, 430). The new matter pleaded is obviously not matter constituting a defense to plaintiff’s complaint. The order, so far as appealed from, should be modified by directing defendant separately to state and number its three causes of action in the event that it chooses to replead them and by granting…