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7 New York opinions name it 2 courts 1970–2019 0 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 |
|---|---|---|
In re the Arbitration between SCM Corp. & Fisher Park Lane Co.green2 sentences2004Under the doctrine of equitable recoupment, the matter pleaded therein, which relates to the transactions and occurrences pleaded by petitioner, may be utilized by respondent to defend against and offset any liability that respondent otherwise might incur on petitioner’s claims, irrespective of whether the counterclaim is itself time-barred (see CPLR 203 [d]; see also Matter of SCM Corp. [Fisher Park Lane Co.], 40 NY2d 788, 791-792 [1976]; Town of Amherst v County of Erie, 247 AD2d 869, 869-870 [1998]). 1995However, for the doctrine to apply, the defendant’s counterclaim or affirmative defense must arise out of the same transaction or series of transactions that form the basis of, and must be sufficiently related to, the causes of action alleged in the plaintiff’s complaint (see, Matter of SCM Corp. [Fisher Park Lane Co.], 40 NY2d 788, 791 ). | 1 | 2 |
182 Franklin Street Holding Corp. v. Franklin Pierrepont Associatesgreen1 sentence2019Holding Corp. v Franklin Pierrepont Assoc. , 217 AD2d 508, 509 [1st Dept 1995]; see UCC 9-404[a], [b]). | 1 | 1 |
Shin-Etsu Chemical Co. v. ICICI Bank Ltd.green1 sentence2019Finally, as the counterclaims concern circumstances, transactions, and corporate relationships that occurred or arose in Switzerland or Russia, and defendant alleges no facts to indicate any relationship between the counterclaims and New York, they are subject to dismissal on the basis of forum non conveniens ( see Shin-Etsu Chem Co., Ltd. v ICICI Bank Ltd. , 9 AD3d 171, 175-176 [1st Dept 2004]). | 1 | 1 |
Bloomfield v. Bloomfieldgreen1 sentence2017The doctrine permits a defendant to seek equitable recoupment in an otherwise untimely defense or counterclaim, if it arises from the transactions, occurrences, or series of transactions or occurrences alleged in the complaint (see Bloomfield v Bloomfield, 97 NY2d 188, 192-193 [2001]). | 1 | 1 |
Carlson v. Zimmermangreen1 sentence2015Regardless of whether such a defense *1223 may be interposed in that proceeding, however, plaintiffs cannot do so here because equitable recoupment can only be asserted as a counterclaim or as an affirmative defense (see Carlson v Zimmerman, 63 AD3d 772, 774 [2009]; DeMille v DeMille, 5 AD3d 428, 429 [2004]), and defendant seeks no recovery in this action against which their request for an offset could be applied. | 1 | 1 |
DeMille v. DeMillegreen1 sentence2015Regardless of whether such a defense *1223 may be interposed in that proceeding, however, plaintiffs cannot do so here because equitable recoupment can only be asserted as a counterclaim or as an affirmative defense (see Carlson v Zimmerman, 63 AD3d 772, 774 [2009]; DeMille v DeMille, 5 AD3d 428, 429 [2004]), and defendant seeks no recovery in this action against which their request for an offset could be applied. | 1 | 1 |
Center Green, Inc. v. Boehmgreen1 sentence2004Under the doctrine of equitable recoupment, the matter pleaded therein, which relates to the transactions and occurrences pleaded by petitioner, may be utilized by respondent to defend against and offset any liability that respondent otherwise might incur on petitioner’s claims, irrespective of whether the counterclaim is itself time-barred (see CPLR 203 [d]; see also Matter of SCM Corp. [Fisher Park Lane Co.], 40 NY2d 788, 791-792 [1976]; Town of Amherst v County of Erie, 247 AD2d 869, 869-870 [1998]). | 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 |
|---|---|---|
California Capital Equity, LLC v. IJKG, LLC
green
1 sentence2019Given that the counterclaims do not arise out of the same transaction as alleged in the complaint, and they seek distinct damages, the doctrine of equitable recoupment, codified by CPLR 203(d), is unavailable to defendant ( see California Capital Equity, LLC v IJKG, LLC , 151 AD3d 650 [1st Dept 2017]). | 1 | 2019–2019 |
Peterson v. IBJ Schroder Bank & Trust Co.
green
1 sentence2019Summary judgment on the account stated claim is precluded by an issue of fact as to the timeliness of defendant's objection to the unpaid invoices ( see Peterson v Schroder Bank & Trust Co. , 172 AD2d 165 [1st Dept 1991]). | 1 | 2019–2019 |
Maders v. Lawrence
neutral
1 sentence1970Maders v. Laurence, 1855, 49 Hun 360 , 2 N. Y. | 1 | 1970–1970 |
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.