CHIN v. CHIN


44 A.D.2d 812 (1974)

Mary Lo Chin, Appellant, v. Shue King Chin, Also Known as Chin Shue King, et al., Respondents

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

May 21, 1974


We feel that the court below properly dismissed the complaint and properly granted defendant related relief for plaintiff's failure to diligently prosecute her action. The defendant, in his answer, asserted a counterclaim seeking to impress a trust on plaintiff's real and personal property. Plaintiff timely served a reply to the counterclaim consisting of a general denial and affirmative defenses. Thus the counterclaim and reply became pleadings, in effect, independent and...

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