Mirsky v. Cohane
280 A.D. 972
N.Y. App. Div.
1952
Check Treatment

Orders unanimously modified by striking from the answer so much of the alleged third defense and counterclaim as purports to set forth a counterclaim'. The third defense and counterclaim is insufficient as a counterclaim. It seeks to recover fees in the present suit which are not recoverable under the circumstances set forth. The pleading may stand as a defense. The orders are modified accordingly and, as so modified, affirmed, with $10 costs and disbursements to the appellants. Settle order on notice. Present — Peek, P. J., Dore, Cohn and Callahan, JJ. [See 281 App. Div. 659.]