Supreme Burglar Alarm Corp. v. Mason

Iíoestadter, J.

Before the present action was instituted, the appellant as plaintiff sued the respondent in the Municipal Court, Bronx, Small Claims Part, for breach of contract. The respondent, as permitted by the rules for the Small Claims Part, interposed a counterclaim for $97.68. On the trial both the complaint and the counterclaim were dismissed on the merits and judgment to that effect was entered. Dissatisfied with the result, the respondent thereupon commenced this action to recover $97.68 on the cause of action for which it had counterclaimed unsuccessfully in the prior action. It…