Gilbert Carriers Corp. v. Oneonta Dress Co‪.‬

[35 A.D.2d 695 Page 695] Execution on the partial judgment is stayed pending final resolution of the issues in the action. The contention of plaintiff
that claims against it, an interstate carrier, for damages to shipment of goods may not be set off by defendant as a counterclaim,
is rejected (Chicago & N. W. Ry. Co. v. Lindell, 281 U.S. 14). The reason underlying such permissive action is clearly
set forth in the case cited. "The adjustment of defendant's [35 A.D.2d 695 Page 696]