| N.Y. App. Div. | May 13, 1938
— Whether or not the sufficiency of the counterclaim may be raised on motion for a trial by jury of the issues raised by the reply thereto (Civ. Prac. Act, §§ 424, 425), we are of opinion that the motion should have been granted as the counterclaim states a good cause of action at law. Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.