Michelsen v. Ryle

284 A.D. 892 Court N.Y. App. Div. Decision date 1954-10-04 English

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p. 892

Howard Michelsen, Appellant, v. Robert W. Ryle, Respondent.

In an action to recover damages for breach of a construction contract and for extra services, order denying appellant’s motion, under subdivision 5 of rule 109 of the Rules of Civil Practice, to dismiss the second counterclaim as insufficient in law, affirmed, with $10 costs and disbursements. No opinion. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Murphy, JJ., concur.