Berroa v Misrahi, 2012 NY Slip Op 02814 (1st Dept., 2012)

Contrary to Misrahi's contention, plaintiff's default in replying to his counterclaim is not the equivalent of an answer that fails to deny the substantive allegations of the complaint and is deemed an admission of those allegations (see Ballard v Billings & Spencer Co., 36 AD2d 71, 74 [1971]). In any event, the counterclaim was correctly dismissed in light of the finding in favor of plaintiff on the case in chief.

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