Case v. Walter — 143 N.Y.S. 1110

Majority

p. 1110

CASE v. WALTER et al.

(Supreme Court, Appellate Division, First Department.

November 14, 1913.)

Headnote

Appeal from Special Term, New York County. Action by Frank M. Case, Jr., against Eugene Walter and another. From an order directing that the issues raised by the separate defense and counterclaim be tried at Special Term, and the remaining issues at Trial Term, and granting a stay pending trial of issues at Special Term, plaintiff appeals. Modified and affirmed. David Gerber, of New York Gity, for appellant. Samuel W. Tannebaum, New York City, for respondents.

The order appealed from should be modified by providing that the issues raised by the counterclaim in the amended answer of the defendant Walter be tried at Special Term after the issue raised by the allegations of the answer as a defense to the plaintiff’s cause of action is tried at Trial Term, and that the trial at Special Term be stayed until the determination of the trial at Trial Term. As so modified, the order is affirmed, with $10 costs and disbursements to the appellant.