Hyperlawhypertext legal database Kirschbaum v. Brown 54 N.Y.S. 1105

← Cases

Kirschbaum v. Brown

54 N.Y.S. 1105 Court N.Y. App. Div. Decision date 1898-10-07 English

Contents

Majority

p. 1105
KIRSCHBAUM, Respondent, v. BROWN, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 7, 1898.)

Headnote

Action by Simon Kirschbaum against Henry Brown.

No opinion. Order so far as it strikes out the first count or defense affirmed. That part of the order which strikes out the defense or counterclaim reversed, without costs to either party. Held, that the allegation relating to counterclaim cannot be stricken out, upon motion, as frivolous.