Atlantic Gulf W. Indies S.S. v. City of N.Y

Full title: ATLANTIC GULF AND WEST INDIES STEAMSHIP LINES, Appellant, v. CITY OF NEW…

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

Date published: Mar 21, 1947

271 App. Div. 1008 (N.Y. App. Div. 1947)

Opinion

March 21, 1947.

Present — Martin, P.J., Cohn, Callahan and Van Voorhis, JJ. [ 188 Misc. 279.]

Order, insofar as it denies plaintiff's motion to dismiss the counterclaim, unanimously modified, with $20 costs and disbursements to the appellant, so as to dismiss the counterclaim upon the ground that it is not properly interposed in the action inasmuch as it fails to allege a presently existing cause of action ( Bates v. 55 and 57 East 65th Street Corporation, 249 App. Div. 119; 3 Carmody on New York Pleading and Practice, § 996.) Section 266 of the Civil Practice Act does not alter this requirement. Settle order on notice.