Opinion
August 10, 1959
Louis J. Lefkowitz, Attorney-General ( Frederick J. Kaye of counsel), for defendant.
Begley, Diamond Begley ( Owen M. Begley of counsel), for claimant.
The defendant's motion for permission to serve and file a counterclaim herein, as set forth in its "Proposed Counterclaim", is granted. (See Karpis v. Bungalow Bar Corp. of America, 8 A.D.2d 844; CARDOZO, C.J., in Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 N.Y. 304; CONWAY, J., now Ch. J., in Smith v. Kirkpatrick, 305 N.Y. 66.)
The defendant shall serve and file its counterclaim on or before August 31, 1959.
Short-form order signed.