Belmont Place Associates v. Blyth, Eastman, Dillon & Co.

After the plaintiff filed its complaint in this case, one of the defendants filed a counterclaim. The district court dismissed the plaintiff’s complaint and consolidated the counterclaim with another pending action. Plaintiff appeals from the dismissal. We conclude that the order appealed from “adjudicates fewer than all the claims” in this lawsuit, and since there has been no express determination under Fed.R. Civ.P. 54(b) that “there is no just reason for delay” we are accordingly without appellate jurisdiction.

A claim and a counterclaim constitute multiple claims under the express terms of…