J. Walter Thompson Advertising Corp. v. Woodworth

Full title: J. WALTER THOMPSON ADVERTISING CORPORATION and EARLE CLARK, Respondents…

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

Date published: May 13, 1938

254 App. Div. 721 (N.Y. App. Div. 1938)

Opinion

May 13, 1938.

Present — Martin, P.J., O'Malley, Glennon, Untermyer and Dore, JJ.

Whether or not the sufficiency of the counterclaim may be raised on motion for a trial by jury of the issues raised by the reply thereto (Civ. Prac. Act, §§ 424, 425), we are of opinion that the motion should have been granted as the counterclaim states a good cause of action at law. Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted.