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Forsstrom v. Utility Steel Co., Inc.

Supreme Court, Appellate Term, First Department
Jun 21, 1928
132 Misc. 409 (N.Y. App. Term 1928)

Opinion

June 21, 1928.

Appeal from the Municipal Court, Borough of Manhattan, Fourth District.

John G. Turnbull, for the appellant.

Alexander Ash, for the respondents.



Levine v. Hogan-Levine Co. ( 200 A.D. 487) has no application whatever to this case. Here there was no performance, no tender of performance, and these plaintiffs assumed all the obligations of their assignor. Even if the latter element were not present, the counterclaim would be available to the defendant under section 267 of the Civil Practice Act, subdivisions 1 and 2.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, BIJUR, LEVY and CRAIN, JJ.


Summaries of

Forsstrom v. Utility Steel Co., Inc.

Supreme Court, Appellate Term, First Department
Jun 21, 1928
132 Misc. 409 (N.Y. App. Term 1928)
Case details for

Forsstrom v. Utility Steel Co., Inc.

Case Details

Full title:THORNWARD H. FORSSTROM and Another, Respondents, v. UTILITY STEEL CO.…

Court:Supreme Court, Appellate Term, First Department

Date published: Jun 21, 1928

Citations

132 Misc. 409 (N.Y. App. Term 1928)
229 N.Y.S. 626