# Brown v. Whitbread

> Appellate Division of the Supreme Court of the State of New York · October 15, 1929 · 227 A.D. 730

URL: https://www.frixlaw.com/law-library/cases/5308953

## Case

- **Full name:** James J. Brown v. George W. Whitbread, and Nostrand Lumber Company, Inc.
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** October 15, 1929
- **Citations:** 227 A.D. 730
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5308953

## Opinion text

Order as resettled, denying *731 “ plaintiff’s motion to dismiss the counterclaims, defenses and setoffs ” contained in answer of defendant Whitbread reversed upon the law, with ten dollars costs and disbursements, motion granted, with ten dollars costs, counterclaim dismissed, and defense and so-called setoffs stricken out, with leave to said defendant to plead over within ten days upon payment of said costs. The so-called counterclaim and separate and distinct defense alleges no facts whatever constituting either a counterclaim or a defense. Reference to the answer in another action is meaningless. Lazansky, P. J., Kapper, Seeger, Carswell and Scudder, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5308953. Public record. Not legal advice.