Habiby v. Habiby
| Decision Date | 18 February 1965 |
| Citation | 23 A.D.2d 558,256 N.Y.S.2d 634 |
| Parties | Linda R. HABIBY, Plaintiff-Respondent, v. Armond HABIBY, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
M. H. Halpern, New York City, for plaintiff-respondent.
V. F. Gentleman, New York, City, for defendant-appellant.
Before BREITEL, J. P., and RABIN, VALENTE, STEVENS and STALEY, JJ.
Order, entered on September 29, 1964, unanimously modified, on the law and in the exercise of discretion, with $30 costs and disbursements to the appellant, and the motion is granted to the extent of striking items '3', '4' and '5' of the prayer for relief in the plaintiff's reply, with leave, however, for the plaintiff to apply for permission to serve an amended complaint setting forth in such amended complaint a cause of action for separation. Prior to the enactment of CPLR section 3011 the law was clear that a counterclaim could not be interposed in a reply (See Swertz v. Swertz, 28 Misc.2d 904, 211 N.Y.S.2d 252 and cases cited therein). There is nothing in the language of section 3011 that mandates a departure from that rule, nor does that language indicate any such intention on the part of the legislature. (See New York Civil Practice, Weinstein, Korn & Miller, Vol. 3, Para. 3019.05.) Accordingly, the dictates of an orderly and efficient disposition of litigation requires the continuance of the practice as heretofore followed.
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Garfinkle v. Kaplan
...whether it be called a counterclaim or dressed up as a reply. (Swertz v. Swertz, 28 Misc.2d 904, 211 N.Y.S.2d 252; Habiby v. Habiby, 23 A.D.2d 558, 256 N.Y.S.2d 634). This is particularly true in the Civil Court, where although counterclaims of unlimited amounts may be entertained (CCA 208)......
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Tri Terminal Corp. v. CITC Industries, Inc.
...v. Brewer, 51 Misc.2d 231, 272 N.Y.S.2d 903 (1966); Swertz v. Swertz, 28 Misc.2d 904, 211 N.Y.S.2d 252; Habiby v. Habiby, 23 A.D.2d 558, 256 N.Y.S.2d 634 (1st Dep't., 1965); I N.Y.Adv.Comm.Rep. 71 (1957). As stated by the court in Garfinkle v. Kaplan, 77 Misc.2d 1097, 355 N.Y.S.2d 974, 975 ......
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De Mato v. Suffolk County
...They argue that, under CPLR § 3019, no cross-claim or counterclaim is permitted in a reply, citing Habiby v. Habiby, 23 A.D.2d 558, 256 N.Y.S.2d 634 (1st Dept. 1965); and Chambland v. Brewer, 51 Misc.2d 231, 272 N.Y.S.2d 903 (Sup.Ct. Queens Co. 1966). The moving parties are correct in their......
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Habiby v. Habiby
...order, awarded $30 costs and disbursements on that appeal to the defendant husband, payable by the plaintiff wife. (See Habiby v. Habiby, 23 A.D.2d 558, 256 N.Y.S.2d 634.) ...