Paparo v. Shulman
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an order of the City Court of the city of New York, consolidating a certain action brought by the defendant herein against the plaintiffs in said action with the above entitled action, and ordering that said action by defendant against the plaintiffs be stricken from the commercial calendar of said court.
1Opinion of the CourtLydon, J.
The plaintiffs commenced an action in the City Court on August 5,1921, to recover damages for breach of contract, alleging that defendant improperly manufactured certain shirts. Defendant duly answered admitting the agreement but denied the other allegations of the complaint. The answer contains no counterclaim of any kind.
About a month after this action was commenced the defendant above named brought an independent action in the City Court against the plaintiffs for manufacture, sale and delivery of the shirts in question. In this second action the plaintiffs herein interposed an answer…
2Cases cited1 opinion
- Miller v. BaillardAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- General Crushed Stone Co. v. Central New York Contracting Co.New York Supreme Court · 1960