Oxford Film Exchange, Inc. v. Continental Screen Service Corp.

Majority

p. 701

First Department,

October, 1926.

Oxford Film Exchange, Inc., Appellant, v. Continental Screen Service Corporation, Respondent, Impleaded with Schwartz Enterprises, Inc.

Headnote

Appeal from an order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office on December 21, 1925, denying plaintiff’s motion to compel the respondent above named to separately state its defense and counterclaim contained in the answer, and to strike out the counterclaim of said defendant.

The plaintiff accepted a favor from the court upon the express condition that the trial of the action would be proceeded with at once. Having accepted that favor, the plaintiff is not now in a position to repudiate its agreement and to move for further relief. The order appealed from should be affirmed, with ten dollars costs and disbursements. Present — Clarke, P. J., Merrell, Finch, Martin and Burr, JJ. Order affirmed, with ten dollars costs and disbursements.