Bland v. White

As the amended answer was served on September 19, 1930, more than ten days prior to the service of the notice of motion, the present application must be denied in so far as it seeks to dismiss the counterclaim, under rule 109 of the Rules *716of Civil Practice, as insufficient and as improperly interposed. The same disposition must be made of that branch of the motion which asks that the counterclaim be dismissed under rule 110 of the Rules of Civil Practice, as res adjudicata, that rule also requiring that the pleading be attacked within ten days after its service. That portion of the motion…