MOSER v. FIELAND


5 Misc.2d 937 (1956)

Emmons Moser, Doing Business as Westminster Sales, Respondent, v. Louis C. Fieland, Appellant.

Supreme Court, Appellate Term, First Department.

November 15, 1956.


Attorney(s) appearing for the Case

Clarence S. Barasch for appellant.

Samuel Bader for respondent.

EDER, HECHT and TILZER, JJ., concur.


Per Curiam.

A counterclaim need not be related to the issues of the complaint. In accordance with the statute (Civ. Prac. Act, §§ 262, 266), a counterclaim may be any cause of action in favor of the defendant. The statute is to be given a liberal construction to effectuate its purpose to avoid multiplicity of suits and allow determination of all controversies between litigants in one action. The only condition attached to its interposition is whether...

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