Kirschbaum v. Brown

Full title: Simon Kirschbaum and Others, Respondents, v. Henry Brown, Appellant

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

Date published: Oct 1, 1898

33 App. Div. 643 (N.Y. App. Div. 1898)

Opinion

October Term, 1898.

Order so far as it strikes out the first count or defense affirmed; that part of the order which strikes out the defense or counterclaim reversed, without costs to either party. Held, that the allegation relating to counterclaim cannot be stricken out, upon motion, as frivolous. All concurred.