New York Court of Appeals, 1946

Privensal v. Privensal

Privensal v. Privensal
New York Court of Appeals · Decided May 29, 1946 · <italic>Per Curiam.</italic>
67 N.E.2d 580; 295 N.Y. 357; 1946 N.Y. LEXIS 827 (North Eastern Reporter, Second Series)

Privensal v. Privensal

Opinion of the Court

*359 Per Curiam.

The answer of the defendant-appellant contains no counterclaim, and in the absence of such a pleading, an affirmative summary judgment may not he directed in her favor. We decide no other question.

The order should be affirmed, without costs, and the question certified answered in the negative.

Lotjghban, Ch. J., Lewis, Conway, Desmond, Thacheb and Dye, JJ., concur.

Order affirmed, etc.

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