Appellate Division of the Supreme Court of New York, 1940

Zeiberg v. Vineland Butter & Egg Corp.

Zeiberg v. Vineland Butter & Egg Corp.
Appellate Division of the Supreme Court of New York · Decided April 1, 1940
259 A.D. 825; 1940 N.Y. App. Div. LEXIS 6872
Zeiberg v. Vineland Butter & Egg Corp.

Opinion of the Court

Action to recover the balance of monies alleged to have been advanced by the plaintiff’s intestate to the defendant corporation, and not repaid. Order denying plaintiff’s motion to strike out the separate defense on the ground that it is insufficient in law, and to dismiss the counterclaim on the ground that it does not state facts sufficient to constitute a cause of action, affirmed, with ten dollars costs and disbursements. Plaintiff may serve a reply to the counterclaim within ten days after service of a copy of the order entered hereon. No opinion. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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