¶1In an action to recover damages for breach of a construction contract and for extra services, order denying appellant’s motion, under subdivision 5 of rule 109 of the Rules of Civil Practice, to dismiss the second counterclaim as insufficient in law, affirmed, with $10 costs and disbursements. No opinion. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Murphy, JJ., concur.
284 A.D. 892
Michelsen v. Ryle
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 1954
Appellate Division of the Supreme Court of the State of New York · decided 1954-10-04
Decided 1954-10-04