In NY civil practice, what is the defendant’s filing that asserts a new claim against the plaintiff arising from the same transaction?

• A. Cross-claim
• B. Third-party complaint
• C. Stipulation of discontinuance
• D. Counterclaim

Answer: (D)

A counterclaim is a claim by the defendant against the plaintiff that arises out of the same transaction or occurrence as the plaintiff’s claim. It is usually pleaded in the defendant’s answer, allowing both sides’ related disputes to be handled in one action. The scenario describes exactly that: the defendant asserting a new claim against the plaintiff arising from the same transaction. The other options refer to different procedural devices—cross-claims are against co-defendants, third-party complaints bring in someone else not originally in the suit, and a stipulation of discontinuance ends the case.