Mt. Zion Baptist Church of Port Chester, Inc. v. Brown
New York Supreme Court
1Opinion of the CourtArthur D. Brennan, J.
The motion by certain plaintiffs and by the attorney for said plaintiffs, pro se, to dismiss the two counterclaims contained in the defendants’ answer herein on the ground that said counterclaims have been improperly interposed in this action, is denied. It is clear that these counterclaims against said plaintiffs and their attorney have been *29interposed pursuant to section 271 of the Civil Practice Act. Further, since the 1936 amendment to section 266 of the Civil Practice Act, a proper counterclaim may consist of any cause of action in favor of the defendant and the same need not be related…
2Cases cited11 opinions
- Carruthers v. Jack Waite Mining Co.New York Court of Appeals · 1953
- CADMAN MEM'L CONG. SOC. OF BROOKLYN v. KenyonNew York Court of Appeals · 1953
- Cadman Memorial Congregational Society v. KenyonAppellate Division of the Supreme Court of the State of New York · 1952
- Ritter v. Mountain Camp Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- Serxner v. ElgartNew York Supreme Court · 1949
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