Bricken Construction Corp. v. Cushman

The former requirement of subdivision 2 of section 266 of the Civil Practice Act, that a cause of action on contract, in order to be used as a counterclaim, had to be one “ existing at the commencement of the action,” has been repealed (Laws of 1936, chap. 324), and a new section enacted, bearing the same number, which omits that requirement. In addition, section 245-a was added to the Civil Practice Act by chapter 486 of the Laws of 1935. This section provides that the court may permit any party “ to serve a supplemental pleading alleging any new and additional cause or causes of action or…