Appellate Division of the Supreme Court of New York, 1942

Strausberg v. Goldbaum

Strausberg v. Goldbaum
Appellate Division of the Supreme Court of New York · Decided April 20, 1942
264 A.D. 738; 35 N.Y.S.2d 163; 1942 N.Y. App. Div. LEXIS 4442
Strausberg v. Goldbaum

Opinion of the Court

— Action at law. The complaint demands judgment for a sum of money only. Defendant-respondent in his answer pleaded an equitable counterclaim, which he also invoked as a defense. Order dated December 4, 1941, denying motion of plaintiff-appellant for a prior and separate trial of defendant-respondent’s equitable counterclaim, and order dated January 27, 1942, denying a similar motion made by defendant-appellant, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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