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GOLD PLASTERING CO. INC. v. 200 EAST END AVE. CORP.

280 A.D. 942 (1952)

Gold Plastering Co. Inc., Respondent, v. 200 East End Avenue Corp., Appellant

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

October 14, 1952.

The defense-first counterclaim is sufficient as a matter of pleading, and determination of its legal effect will have to await the evidence. Inasmuch as the rules for decision of claims by extra-judicial means are incorporated only by reference in the plastering contract, the binding effect of the rules is to be determined on the knowledge of the parties as to the existence of such rules. (Matter of Level Export Corp. [Wolz, Aiken & Co.], 280 App. Div. 211, 214...

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