15 New York opinions name it 3 courts 1848–2023 2 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Enrico & Sons Contracting, Inc. v. Bridgemarket Associatesgreen2 sentences2023KIND's recoupment defense, which is premised on TruFood's failure to pay its suppliers, does not seek, as necessary for a recoupment defense, to "den[y] the validity" of AOG's claim based on breach of the contract that plaintiff seeks to enforce ( Enrico & Sons Contr., Inc. v Bridgemarket Assoc. , 252 AD2d 429, 430 [1st Dept 1998]). 2023KIND's recoupment defense, which is premised on TruFood's failure to pay its suppliers, does not seek, as necessary for a recoupment defense, to "den[y] the validity" of AOG's claim based on breach of the contract that plaintiff seeks to enforce ( Enrico & Sons Contr., Inc. v Bridgemarket Assoc. , 252 AD2d 429, 430 [1st Dept 1998]). | 3 | 3 |
In re the Arbitration between SCM Corp. & Fisher Park Lane Co.green2 sentences2017The language of CPLR 203 (d) is based on the equitable doctrine of recoupment (see Matter of SCM Corp. [Fisher Park Lane Co.], 40 NY2d 788, 791 [1976]). 1986CPLR 203 (c), which embodies the equitable doctrine of recoupment, excludes from the bar of limitations counterclaims, "even if they would have been barred at the time of the commencement of the action, provided that the counterclaim be one that 'arose from the transactions, occurrences, or series of transactions or occurrences, upon which a claim asserted in the complaint depends.’ ” (Matter of SCM Corp. [Fisher Park Lane Co.], 40 NY2d 788, 791 .) Recoupment does not allow one transaction to be offset against another, "but only permits a transaction which is made the subject of suit by a plai | 1 | 2 |
Anonymous v. Anonymousgreen1 sentence2019However, the invoices that were paid by defendant were on Garment's letterhead, and defendant was not bound by the characterization of Asset as the seller in the distribution [*2]agreement between Garment and Asset ( see Anonymous v Anonymous , 150 AD3d 91, 94 [1st Dept 2017]). | 1 | 1 |
Shapiro v. Schoningergreen1 sentence2005Accordingly, defendant’s counterclaim is not permissible under CPLR 203 (f) and, thus, defendant is limited to the recoupment claim available under CPLR 203 (d) (see Fortin v Hill & Markes, supra at 935-936; Bernstein v Spatola, 122 AD2d 97, 100 [1986]; Shapiro v Schoninger, 122 AD2d 38, 40 [1986]). | 1 | 1 |
Bernstein v. Spatolagreen1 sentence2005Accordingly, defendant’s counterclaim is not permissible under CPLR 203 (f) and, thus, defendant is limited to the recoupment claim available under CPLR 203 (d) (see Fortin v Hill & Markes, supra at 935-936; Bernstein v Spatola, 122 AD2d 97, 100 [1986]; Shapiro v Schoninger, 122 AD2d 38, 40 [1986]). | 1 | 1 |
Fortin v. Hill & Markes, Inc.green1 sentence2005Accordingly, defendant’s counterclaim is not permissible under CPLR 203 (f) and, thus, defendant is limited to the recoupment claim available under CPLR 203 (d) (see Fortin v Hill & Markes, supra at 935-936; Bernstein v Spatola, 122 AD2d 97, 100 [1986]; Shapiro v Schoninger, 122 AD2d 38, 40 [1986]). | 1 | 1 |
Bendat v. Premier Broadcast Group, Inc.green1 sentence2003However, given that defendants’ counterclaim—and their affirmative defenses—clearly arise out of the same transactions that form the basis of the claims asserted in plaintiffs’ complaint, defendants’ claims are not barred to the extent that they seek no more than to rely upon the equitable doctrine of recoupment (see Enrico & Sons Contr. v Bridgemarket Assoc., 252 AD2d 429, 430 [1998]; Town of Amherst v County of Erie, 247 AD2d 869, 869-870 [1998]; Katz v Bach Realty, 192 AD2d 307, 308 [1993]; Bendat v Premier Broadcast Group, 175 AD2d 536, 538-539 [1991]). | 1 | 1 |
Katz v. Bach Realty, Inc.green1 sentence2003However, given that defendants’ counterclaim—and their affirmative defenses—clearly arise out of the same transactions that form the basis of the claims asserted in plaintiffs’ complaint, defendants’ claims are not barred to the extent that they seek no more than to rely upon the equitable doctrine of recoupment (see Enrico & Sons Contr. v Bridgemarket Assoc., 252 AD2d 429, 430 [1998]; Town of Amherst v County of Erie, 247 AD2d 869, 869-870 [1998]; Katz v Bach Realty, 192 AD2d 307, 308 [1993]; Bendat v Premier Broadcast Group, 175 AD2d 536, 538-539 [1991]). | 1 | 1 |
Coleman, Grasso & Zasada Appraisals, Inc. v. Colemangreen1 sentence2003To the extent that Coleman, Grasso & Zasada Appraisals v Coleman (supra at 894) can be read to preclude such recoupment, we decline to follow it. | 1 | 1 |
Center Green, Inc. v. Boehmgreen1 sentence2003However, given that defendants’ counterclaim—and their affirmative defenses—clearly arise out of the same transactions that form the basis of the claims asserted in plaintiffs’ complaint, defendants’ claims are not barred to the extent that they seek no more than to rely upon the equitable doctrine of recoupment (see Enrico & Sons Contr. v Bridgemarket Assoc., 252 AD2d 429, 430 [1998]; Town of Amherst v County of Erie, 247 AD2d 869, 869-870 [1998]; Katz v Bach Realty, 192 AD2d 307, 308 [1993]; Bendat v Premier Broadcast Group, 175 AD2d 536, 538-539 [1991]). | 1 | 1 |
Constantino v. Stategreen1 sentence1991Our view of the recoupment defense is not so narrow. "[Recoupment or setoff can be claimed, even though a counterclaim has not or cannot be filed” (84 NY Jur 2d, Pleading, § 171, at 346; see, Constantino v State of New York, 99 Misc 2d 362, 364-365 ); however, "a party must have a legally subsisting cause of action upon which it could main tain an independent claim” (Telmark, Inc. v C & R Farms, 115 AD2d 966 , 967). | 1 | 1 |
Rothensies v. Electric Storage Battery Co.green1 sentence1986CPLR 203 (c), which embodies the equitable doctrine of recoupment, excludes from the bar of limitations counterclaims, "even if they would have been barred at the time of the commencement of the action, provided that the counterclaim be one that 'arose from the transactions, occurrences, or series of transactions or occurrences, upon which a claim asserted in the complaint depends.’ ” (Matter of SCM Corp. [Fisher Park Lane Co.], 40 NY2d 788, 791 .) Recoupment does not allow one transaction to be offset against another, "but only permits a transaction which is made the subject of suit by a plai | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Peuser v. Marsh
green
1 sentence1998The recoupment claim goes to the heart of the parties’ bargain and, indeed, is akin to a defense of lack or failure of consideration (Peuser v Marsh, supra). | 1 | 1998–1998 |
Kemper Reinsurance Co. v. Corcoran
green
1 sentence1995Co., 79 NY2d 253 ). | 1 | 1995–1995 |
Peuser v. . Marsh
green
1 sentence1992Because common-law recoupment involved "a mere right of reduction from the amount of the plaintiffs recovery, on the ground that his damages were not really as high as he alleged” (3 Sedgwick, Damages § 1034, at 2162 [9th ed]), it was strictly a pleading device (3 Sedgwick, Damages § 1046, at 2182 [9th ed]), defensive in nature (Peuser v Marsh, 218 NY 505, 507 ), and to be tested in court (Ives v Van Epps, 22 Wend 155, 156). | 1 | 1992–1992 |
Telmark, Inc. v. C & R Farms, Inc.
green
1 sentence1991Our view of the recoupment defense is not so narrow. "[Recoupment or setoff can be claimed, even though a counterclaim has not or cannot be filed” (84 NY Jur 2d, Pleading, § 171, at 346; see, Constantino v State of New York, 99 Misc 2d 362, 364-365 ); however, "a party must have a legally subsisting cause of action upon which it could main tain an independent claim” (Telmark, Inc. v C & R Farms, 115 AD2d 966 , 967). | 1 | 1991–1991 |
Department of Social Services ex rel. Joseph M. v. Barbara M.
neutral
1 sentence1987As the Surrogate noted, ”[a]ny recovery by the [DSS] that could have been made during the decedent’s lifetime was necessarily circumscribed by a policy which prevented] [him] from [becoming] impoverished (Matter of Department of Social Servs. v Barbara M., 123 Misc 2d 523 ). | 1 | 1987–1987 |
Matter of National Cash Register Co. v. Joseph
green
1 sentence1986CPLR 203 (c), which embodies the equitable doctrine of recoupment, excludes from the bar of limitations counterclaims, "even if they would have been barred at the time of the commencement of the action, provided that the counterclaim be one that 'arose from the transactions, occurrences, or series of transactions or occurrences, upon which a claim asserted in the complaint depends.’ ” (Matter of SCM Corp. [Fisher Park Lane Co.], 40 NY2d 788, 791 .) Recoupment does not allow one transaction to be offset against another, "but only permits a transaction which is made the subject of suit by a plai | 1 | 1986–1986 |
Rawley v. Woodruff
neutral
1 sentence1879(Westlake v. De Graw, 25 Wend., 669 ; Whitbeck v. Skinner, 7 Hill, 53 ; Batterman v. Pierce, 3 id., 173; Rowley v. Woodruff, 2 Lans., 419 ; Ogden v. Coddington, 9 E. | 1 | 1879–1879 |
Ives & M'Carty v. Van Epps & Shattuck
green
1 sentence1855(Ives v. Van Epps, 22 Wend., 155 ; Batterman v. Peirce, 3 Hill, 171 ; and see the authorities cited in these cases,) The superior court, in the judgment we are reviewing, does not controvert the doctrine of recoupment to the extent just stated; but the judges of that court are of opinion that there is not in this case any covenant on the part of the corporation, guarantying to Mabie the quiet enjoyment of the rights which were granted to him, and therefore they hold that the doctrine of recoupment does not apply. | 1 | 1855–1855 |
Reab v. McAlister
green
1 sentence1848The doctrine of recoupment ■ of damages, on which the defendant relies, was firmly established, by the name of mitigation of damages, or diminution of the plaintiff’s recovery, in Reab v. McAlister, ( 8 Wend. 109 ;) and in cases falling within its principle, is entitled to the favorable consideration of the courts. | 1 | 1848–1848 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.