The parties agreed in a written stipulation that plaintiffs could discontinue their prior action without prejudice and commence a new action on the same claims, provided it was timely done within 30-days of the discontinuance. Plaintiffs satisfied the stipulation's conditions when commencing this new action, and a stipulation between parties to discontinue a prior action should be given its intended effect. Defendants are not precluded from asserting a counterclaim in this new action despite not having asserted one in the prior action, even though the statute of limitations has run. The CPLR authorizes a defendant to assert any counterclaims or defenses that may arise out of the same transactions or occurrences upon which a claim in the complaint depends, provided such counterclaim or defense serves as only a shield to the extent of the demand in the complaint, and even though the counterclaim may be time-barred. Here, plaintiffs, in their complaint, allege that defendants breached the parties' agreements for providing elevator services and equipment. "Count 1" of defendants' counterclaim sufficiently pleads a counterclaim for quasi contract based on allegations that defendants provided elevator services and materials to plaintiffs and invoiced plaintiffs for such work, but plaintiffs never made payment on such invoices. "Count 2" of the counterclaim, which alleges detrimental reliance and promissory estoppel in connection with plaintiffs' alleged promises to pay defendants for their services and materials, lacks factual allegations of a sufficiently clear and unambiguous promise, reasonable reliance by defendants on the purported promises, and injury caused by the reliance. This claim is dismissed for failure to state a claim.
Rusi Holding Corp. v. Inner City EL, NY Slip Op 01344 (1st Dep't March 4, 2021)
