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Joray Realty Co. v. Steinberg

Joray Realty Co., Inc. v. Morris Steinberg

Joray Realty Co. v. Steinberg, 130 Misc. 436 (1927)
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Court
City of New York Municipal Court · State Trial Courts
Decided
August 27, 1927
Judges
Johnson
Citations
130 Misc. 436223 N.Y.S. 8381927 N.Y. Misc. LEXIS 1046

Opinion of the Court — Johnson

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Johnson, J.

In a previous proceeding, by the same landlord against another tenant, the same question arose, and I directed the clerk to tax costs on the dismissal of the counterclaim. I think I will follow that here.

There is no logical reason why there should be no costs against one who has imported into the proceeding what is really a separate claim and has been defeated. Costs on the defeating of a counterclaim (Mun. Ct. Code, § 164) are not expressly given therein if the counterclaim is in a summary proceeding, but for counterclaim purposes the proceeding is treated as an action. (Civ. Prac. Act, § 1425.) The two claims are separated (separate) and the second is really not one of the issues of the summary proceeding, but is an independent claim, which not only might be separated if it were equitable in its nature (Strauss & Co., Inc., v. American Credit Indemnity Co., 203 App. Div. 361 ), but could be tried by jury (Civ. Prac. Act, §§ 424, 425) if it was for money. In such event, costs surely ought to go to the winner.

Motion to tax costs under section 164 of the Municipal Court Code granted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1975: 119752026peak 1975 · 1

Relies on it most ⓘ

  1. In re the Accounting of Breen332 N.E.2d 326 (N.Y. 1975)

Most recent

  1. In re the Accounting of Breen332 N.E.2d 326 (N.Y. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Samuel Strauss & Co. v. Am. Credit Indem. Co., 203 A.D. 361 (1922) 7

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