TOT. COMFORT v. ALFRED BENZENBERG, INC.


75 Misc.2d 1009 (1973)

Total Comfort, Inc., Plaintiff, v. Alfred Benzenberg, Inc., Defendant.

District Court of Nassau County, Second District.

November 20, 1973


Attorney(s) appearing for the Case

Gutman & Gutman for defendant. Bennett E. Aron for plaintiff.


RALPH DIAMOND, J.

This is a motion by the defendant to increase his counterclaim from $10,000 to $22,649.92. The plaintiff opposes the motion on the ground that subdivision (b) of section 208 of the Uniform District Court Act, which provides that the court shall have jurisdiction "Of any counterclaim for money only, without regard to amount" is unconstitutional.

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