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Quinn v. O'Reilly

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1914
163 App. Div. 921 (N.Y. App. Div. 1914)

Opinion

May, 1914.


Order of the County Court of Kings county reversed, with ten dollars costs and disbursements, and order directed for judgment allowing plaintiffs' demurrer to defense and counterclaim pleaded in defendant's amended answer, with costs, with leave to defendant to amend the amended answer within twenty days on payment of costs. The defendant's defense is obviously insufficient in law upon its face. Defendant's counterclaim is not of the character specified in section 501 of the Code of Civil Procedure. It states, if anything, a cause of action in tort which does not arise out of the contract or transaction set forth in the complaint as the foundation of plaintiff's claim, and which is not connected with the subject-matter of the action. Jenks, P.J., Burr, Carr, Stapleton and Putnam, JJ., concurred.


Summaries of

Quinn v. O'Reilly

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1914
163 App. Div. 921 (N.Y. App. Div. 1914)
Case details for

Quinn v. O'Reilly

Case Details

Full title:John Quinn and James Quinn, Copartners, etc., Appellants, v. James…

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

Date published: May 1, 1914

Citations

163 App. Div. 921 (N.Y. App. Div. 1914)