Corporations

Samuel Strausberg, Appellant, v. Max A. Goldbaum, Respondent, Impleaded under Section 271 of the Civil Practice Act with Camedo Corporation, Appellant

264 A.D. 738·New York Supreme Court, Appellate Division·1942·NY

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Opinion

Samuel Strausberg, Appellant, v. Max A. Goldbaum, Respondent, Impleaded under Section 271 of the Civil Practice Act with Camedo Corporation, Appellant. [MAJORITY] — Action at law. The complaint demands judgment for a sum of money only. Defendant-respondent in his answer pleaded an equitable counterclaim, which he also invoked as a defense. Order dated December 4, 1941, denying motion of plaintiff-appellant for a prior and separate trial of defendant-respondent’s equitable counterclaim, and order dated January 27, 1942, denying a similar motion made by defendant-appellant, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.