¶1In our opinion defendants have pleaded an equitable counterclaim, based on the claim that plaintiff acquiesced in the building after she had knowledge of her rights. In such circumstances, defendants are not limited merely to the offset provided by section 1011 of the Civil Practice Act, but may recover the value of the building. (Higgins v. O’Donnell, 254 App. Div. 877.) Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p. 961.]
275 A.D.2d 952
Joanes v. Boyle
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 1949
Appellate Division of the Supreme Court of the State of New York · decided 1949-06-13
Decided 1949-06-13