ALSHEIMER v. EVARTS


289 A.D.2d 1004 (2001)

734 N.Y.S.2d 788

WALTER ALSHEIMER et al., Appellants-Respondents, v. DARYL S. EVARTS et al., Respondents-Appellants.

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

Decided December 21, 2001.


Order unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action seeking a declaration of their rights and obligations following the sale of their tax preparation business to defendants, and defendants asserted a counterclaim seeking rescission of the sale. Supreme Court properly denied plaintiffs' motion for summary judgment on the complaint. "When a viable counterclaim arises from the same underlying transaction as is involved in the...

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