Elias v. Paragon Films, Inc. , 174 A.D. 918 ( 1916 )

The second counterclaim does not state a cause of action, and the demurrer to it should be sustained. (Buhler Co. v. New York Dock Co., 170 App. Div. 486.) The demurrer to the first counterclaim should be overruled, as the defendant may offset the sum properly paid by it to finish the work pursuant to the contract. The order is modified accordingly, and as so modified affirmed, without costs. Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ., concurred.