AMY CORP. v. WENDT


277 A.D. 1088 (1950)

Amy Corporation, Plaintiff, v. Reta E. Wendt, Appellant, and Samuel T. Pascuzzi et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 1, 1950.


Order affirmed, with $10 costs and disbursements.

Memorandum:

The cause of action alleged in the answer against the defendant-appellant is erroneously labeled as a counterclaim. However, it does not state an affirmative cause of action against the defendant-appellant which should not be stricken on motion. When the facts are developed at the trial, if the plaintiff is successful, the court may then determine whether or not defendants-respondents are entitled...

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