SENECA TRUCKING CO., INC. v. D. H. OVERMEYER CO., INC.


36 A.D.2d 894 (1971)

Seneca Trucking Co., Inc., Respondent, v. D. H. Overmeyer Co., Inc., et al., Appellants

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

April 1, 1971


Judgment and order insofar as appealed from unanimously reversed, with costs, and motion denied.

Memorandum:

In granting plaintiff's motion for summary judgment on the cause of action alleged in the complaint and allowing the counterclaims asserted in defendants' answer to remain, the court violated "the well established rule that it is improper to award summary judgment where there exists a meritorious counterclaim for an amount equal to or greater than that...

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