Appellate Division of the Supreme Court of New York, 1953

La Vin v. La Vin

La Vin v. La Vin
Appellate Division of the Supreme Court of New York · Decided May 25, 1953
281 A.D. 1046; 122 N.Y.S.2d 627; 1953 N.Y. App. Div. LEXIS 4280
La Vin v. La Vin

Opinion of the Court

In a stockholder’s derivative action, Special Term granted plaintiff’s motion to strike out the counterclaim contained in appellants’ answer to the amended and supplemental complaint in connection with the tenth cause of action, without prejudice to any independent action which appellants may have against the Sanford Hotel Corp. The appeal is from the order insofar as it strikes out the counterclaim. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldock, JJ., concur.

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