Legal Opinion
Lakoff v. Lionel Corp.
New York Supreme Court
Decided January 27, 1955PublishedCited by 4 opinions
1Opinion of the CourtMatthew M. Levy, J.
This is a motion by the plaintiff to strike the first and second defenses contained in the answers, and also to dismiss the counterclaim in the answer of the corporate defendants. The defenses are attacked for insufficiency (Rules Civ. Prac., rule 109, subd. 6); and the counterclaim is attacked for insufficiency, as not properly interposable, because another action is pending, and in that the court should in its discretion refuse to entertain the cause for declaratory judgment. (Rules Civ. Prac., rule 109, subds. 3, 4, 5; rule 110, subds. 3, 4; rule 212.)
The action is at law for damages, and…
2Cases cited19 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Smith v. NicholsSupreme Court of the United States · 1875
- E. I. Du Pont De Nemours Powder Co. v. MaslandSupreme Court of the United States · 1917
- Becher v. Contoure Laboratories, Inc.Supreme Court of the United States · 1929
- American Wood-Paper Co. v. Fibre Disintegrating Co.Supreme Court of the United States · 1874
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3Cited by4 opinions
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