...whom and the plaintiff a separate judgment may be hud in the action : 1. A cause of action, arising out of the contract or transaction, set forth in the...complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action on contract, any other cause of action on...

...in some way, to diminish or defeat the plaintiff's recovery, and must be a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of plaintiff's claim, or connected with the subject matter of the action. ['] I shall...

...substituted in its place, has been fully performed whereby plaintift's cause of action is extinguished, arises out of the contract or transaction set forth in the complaint, and may be set up as a counterclaim bv supplemental answer. Corrigan r. Rifter (Supreme Ct.), 15 NY...

...furnished after the contract expired. Recoupment, like a counterclaim, must be a cause of action "arising out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim or connected with the subject of the action." The contract, with the State, the alleged violation of which...

...Proc., a tenant who is sued for rent may interpose a counterclaim upon (i) a cause of action arising out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; or (2) in an action on contract, any other cause of action...

...action in favor of the defendants, or some of them, against the plaintiffs, or some of them, arising out of the contract or transaction set forth in the...complaint, as the foundation of the plaintiff's claim or connected with the subject of the action." This section has frequently been before the court for construction,...

...independent cause of action on the part of the tenant. It was, therefore, a cause of action arising out of the contract or transaction set forth in the...complaint as the foundation of the plaintiff's claim, and consequently was the proper subject of a counterclaim in this action. Code of Civil Procedure,...

...ground that the counterclaim is not of the character allowed by law, not being a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiffs' claim, and on the further ground that it does not state facts sufficient to constitute...

...embraced in section 149, as counterclaims. A counter-claim must be, 1st, a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiffs claim, or connected with the subject of the action ; or 2d, in an action arising on contract,...

...or defeat the plaintiff's recovery, and must be : "1. A. cause of action arising out of the contmot or transaction, set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action on contract, any other cause of action on...