Hyperlawhypertext legal database Sussman v. Rosenblum 58 N.Y.S. 1150

← Cases

Sussman v. Rosenblum

58 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1899-05-02 English

Contents

Majority

p. 1150
SUSSMAN, Appellant, v. ROSENBLUM, Respondent.
(Supreme Court, Appellate Division, Second Department.
May 2, 1899.)

Headnote

Actiop by Sarah Sussman against James Rosenblum.

The present rule is that pleadings should be construed with reasonable liberality. So construed, we are of opinion that the counterclaim intended to charge an assault arising out oí the same affray for which the defendant is sued by the plaintiff. The interlocutory judgment should be affirmed, with costs to the respondent to abide the final event of the action.