Elias v. Paragon Films, Inc.

Full title: JOSEPH ELIAS, Appellant, v. PARAGON FILMS, INC., Respondent

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

Date published: Jul 1, 1916

174 App. Div. 918 (N.Y. App. Div. 1916)

Opinion

July, 1916.

The second counterclaim does not state a cause of action, and the demurrer to it should be sustained. ( Buhler Co. v. New York Dock Co., 170 App. Div. 486.) The demurrer to the first counterclaim should be overruled, as the defendant may offset the sum properly paid by it to finish the work pursuant to the contract. The order is modified accordingly, and as so modified affirmed, without costs. Jenks, P.J., Thomas, Carr, Rich and Putnam, JJ., concurred.