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Delta Franchising, Inc. v. PCP Transmissions, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1985
107 A.D.2d 734 (N.Y. App. Div. 1985)

Summary

permitting counterclaims derived from existing rights which plaintiffs also claimed

Summary of this case from Brown v. Stone

Opinion

January 22, 1985

Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).


Order affirmed, insofar as appealed from, without costs or disbursements.

In view of the conflicting evidence in the record, it is impossible to ascertain which position the balance of equities favors. Moreover, defendants have failed to demonstrate the likelihood of ultimate success on the merits. Accordingly, their application for preliminary injunctive relief was properly denied (see Niagara Recycling v. Town of Niagara, 83 A.D.2d 316; Gambar Enterprises v. Kelly Servs., 69 A.D.2d 297).

It is clear from the parties' allegations that any rights which the various additional Delta Transmissions defendants may claim are derived solely from the rights which plaintiffs themselves claim. Accordingly, the counterclaims were properly asserted pursuant to CPLR 3019 (subd [a]) and the branch of plaintiffs' cross motion which sought their dismissal was properly denied.

We have considered the parties' remaining contentions and find them to be without merit. Titone, J.P., Mangano, Weinstein and Brown, JJ., concur.


Summaries of

Delta Franchising, Inc. v. PCP Transmissions, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1985
107 A.D.2d 734 (N.Y. App. Div. 1985)

permitting counterclaims derived from existing rights which plaintiffs also claimed

Summary of this case from Brown v. Stone
Case details for

Delta Franchising, Inc. v. PCP Transmissions, Inc.

Case Details

Full title:DELTA FRANCHISING, INC., et al., Appellants-Respondents, v. PCP…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 22, 1985

Citations

107 A.D.2d 734 (N.Y. App. Div. 1985)

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