DAVIDOW v. GUSMOR REALTY CORP.


12 Misc.2d 801 (1958)

Louis D. Davidow, Doing Business as Modern Homes Stores Showrooms, Plaintiff, v. Gusmor Realty Corp. et al., Defendants.

Supreme Court, Special Term, New York County.

May 23, 1958.


Attorney(s) appearing for the Case

Samuel P. Adelman and Leonard M. Kenkin for Gusmor Realty Corp., defendant.

Sidney E. Rubenstein for Superior Metal Store Fronts Corp., defendant.


ARON STEUER, J.

In this action by a general contractor against the owner to foreclose a mechanic's lien a subcontractor has been joined as a defendant. This latter has pleaded a counterclaim against the owner. The motion is addressed to that counterclaim. In it the subcontractor attempts to plead some of the paragraphs of the amended complaint by reference. This is improper. A counterclaim must state a cause of action completely in itself and the only...

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