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MUTUAL BENEFITS OFFSHORE FUND v. ZELTSER

1381, 650438/09.

140 A.D.3d 444 (2016)

37 N.Y.S.3d 1

2016 NY Slip Op 04344

MUTUAL BENEFITS OFFSHORE FUND, Plaintiff, v. EMANUEL ZELTSER et al., Defendants. STERNIK & ZELTSER et al., Counterclaim Plaintiffs-Appellants, v. TRIANGLE INTERNATIONAL MANAGEMENT, LTD., et al., Counterclaim Defendants-Respondents, et al., Additional Counterclaim Defendants.

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

Decided June 7, 2016.

A counterclaim must assert a cause of action against the plaintiff (Ruzicka v Rager, 305 N.Y. 191, 196 [1953]; see also New York Ind. Centre Corp. v National Biscuit Co., 14 A.D.2d 761, 761 [1st Dept 1961]). Although the original counterclaims in this action named plaintiff as a counterclaim defendant, the amended counterclaims, which are the operative pleadings (see e.g. Plaza PH2001 LLC...

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