NEW YORK INDUS. CTR. CORP. v. NAT'L BISCUIT CO.


14 A.D.2d 761 (1961)

New York Industrial Centre Corp., Respondent, v. National Biscuit Company, Appellant, and Vim Electric Co., Inc., et al., Respondents

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

October 24, 1961


Order and judgment dismissing counterclaim affirmed, with costs to respondents.

Defendant seeks to counterclaim against three additional defendants brought into the action by it pursuant to section 271 of the Civil Practice Act. The counterclaim is based on the contention that these additional defendants conspired to, and did, prevent the plaintiff from carrying out its contract with the defendant. The defendant concedes that the cause of action so stated cannot be...

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