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P.S. MARCATO ELEVATOR CO. v. NEW YORK MARINE & GEN. INS. CO.

249 A.D.2d 234 (1998)

673 N.Y.S.2d 74

P.S. Marcato Elevator Co., Appellant, v. New York Marine and General Insurance Company et al., Respondents

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

April 30, 1998

The sixth cause of action, for wrongful retention by defendant claims agent of plaintiff's litigation files, was not dismissed with prejudice, but was to be permitted as a counterclaim in the Civil Court action. That action, however, was ended by a stipulation of settlement in which the counterclaims alleged therein were expressly preserved to the extent that they were made in this action. Under the circumstances, plaintiff's claim...

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