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REBACK v. STORY PRODS., INC.

9 A.D.2d 880 (1959)

Janet M. Reback, Also Known as Taylor Caldwell, et al., Copartners Doing Business under the Name of Reback and Reback, Respondents, v. Story Productions, Inc., Appellant, et al., Defendants

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

December 8, 1959

Order unanimously affirmed, with $20 costs and disbursements to respondent.

The allegations of the counterclaim which was dismissed are similar to those contained in a counterclaim in Knapp Engraving v. Keystone Photo (1 A.D.2d 170, 172-173). In that case we held that there should not be introduced into a trial "a separate and distinct cause of action affirmatively seeking judgment...

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