FACTORS v. GOLDMAN


74 A.D.2d 599 (1980)

Mint Factors, Respondent-Appellant, v. Carolyn Goldman, Also Known as Caroline Goldman, Appellant-Respondent

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

February 11, 1980


Order affirmed, without costs or disbursements.

We agree with Special Term that a counterclaim may be dismissed pursuant to CPLR 3215 (subd [c]) where, as here, a reply was not timely interposed by the plaintiff, and defendant failed to institute proceedings within a year to obtain a default judgment. While counterclaims are not specifically mentioned in CPLR 3215, the legislative history reveals that the statute was intended to apply to claims, asserted as counterclaims...

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