Bell v. Ames, Conehan & Newman, Inc.

This is a motion for leave to amend the answer to assert a separate and distinct defense. The proposed defense is coupled with a prayer for affirmative relief asking the reformation of a contract. While this court has power to entertain an equitable defense, it has no jurisdiction with respect to an equitable counterclaim. (Schreiber v. Noe, 137 Misc. 105.) The amendment of section 18 of the New York City Court Act in 1936 (L. 1936, ch. 324) did not operate to vest this court with jurisdiction over an equitable counterclaim, but merely extended its jurisdiction to every type of counterclaim…