Orders unanimously modified by striking from the answer so much of the alleged third defense and counterclaim as purports to set forth a counterclaim. The third defense and counterclaim is insufficient as a counterclaim. It seeks to recover fees in the present suit which are not recoverable under the circumstances set forth. The pleading may stand as a defense. The orders are modified accordingly and, as so modified, affirmed, with $10 costs and disbursements to the appellants...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
