HAWKINS-BOND v. KONEFSKY


48 A.D.3d 417 (2008)

849 N.Y.S.2d 802

PORTIA HAWKINS-BOND, Respondent, v. ALBERT KONEFSKY, Appellant.

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

Decided February 5, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was to sever his first, fourth, and fifth counterclaims is granted.

"A cause of action contained in a counterclaim ... shall be treated, as far as practicable, as if it were contained in a complaint" (CPLR 3019 [d]). Thus, dismissal of the plaintiff's complaint did not, in itself, extinguish the...

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