Summary
In Rochester Trust Safe Deposit Co. v. Hatch (supra) it was expressly held that in such a case the defense or offset of the market value, under section 1083-b of the Civil Practice Act, may be interposed only as against the cause of action for the principal.
Summary of this case from White v. WielandtOpinion
Argued January 5, 1937
Decided January 19, 1937
Appeal from the Supreme Court, Appellate Division, Fourth Department.
C. Vincent Wiser and John G. Shaw for appellant.
James M. O'Reilly and Raymond Bentley for respondents.
Orders reversed, with costs in all courts, and motion granted to the extent of striking out the defenses pleaded to the separate causes of action for interest and taxes only on the authority of Johnson v. Meyer ( 242 App. Div. 798; affd., 268 N.Y. 701). Question certified answered in the affirmative. No opinion. (See 273 N.Y. 581.)
Concur: CRANE, Ch. J., O'BRIEN, HUBBS, LOUGHRAN and RIPPEY, JJ. Taking no part: LEHMAN and FINCH, JJ.