ZAHRALBAN v. VICBAR CONSTR. CORP.


16 Misc.2d 550 (1958)

Joseph Zahralban et al., Plaintiffs, v. Vicbar Construction Corp., Defendant.

Supreme Court, Special Term, Kings County.

November 3, 1958.


Attorney(s) appearing for the Case

Patrick J. Ryan for plaintiffs.

Goldstein, Golenback & Barell for defendant.


JAMES S. BROWN, J.

Plaintiff moves to strike defendant's counterclaim.

In this action by the purchaser to rescind a contract to buy and sell real estate, defendant builder has interposed an answer consisting of a general denial, an affirmative defense and a counterclaim. The affirmative defense reads that "defendant was and is entitled to retain the sum of $1,650 as liquidated damages." The counterclaim seeks $5,000 as damages at law for the very...

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