On November 9, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Ocean Park Apts., Inc. v. Maxem Realty LLC, 2023 NY Slip Op. 33996(U), dismissing a counterclaim for being a mirror image of the plaintiff’s claim, explaining:
It is well settled that where a counterclaim is the mirror image of allegations contained in the complaint then the counterclaim serves no purpose and may properly be dismissed. Indeed, the defendants argue that the declaratory judgment counterclaim mirrors Plaintiffs’ tenth cause of action in the complaint, which also seeks a declaratory judgment about the transaction’s structure. Thus, the allegations are adequately represented by the plaintiffs’ request seeking a declaratory judgement. The counterclaim does not serve any purpose and is consequently dismissed.
(Internal citations omitted).