Case v. Walter

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1913

Appellate Division of the Supreme Court of the State of New York · decided 1913-11-15

<p>Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 9th day of August, 1918, 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 stay pending trial of issues at Special Term.</p>

Decided 1913-11-15

Per Curiam:

¶1The 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 ten dollars costs and disbursements to the appellant. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order modified as directed in opinion, and as so modified affirmed, with ten dollars costs and disbursements to appellant. Order to be settled on notice.