85 A.D.2d 675 | N.Y. App. Div. | 1981
In an action to recover moneys due for goods sold and delivered, defendant appeals (1) from an order of the Supreme Court, Queens County (Kassoff, J.), dated September 16, 1980, which (a) granted plaintiff’s motion for summary judgment on the complaint and for dismissal of defendant’s counterclaim and (b) directed entry of a judgment in favor of plaintiff for the amount demanded in the complaint, and (2) from the money judgment entered thereon on September 22, 1980. Order modified (1) by deleting from the first decretal paragraph the words “in all respects”, (2) by adding to the first decretal paragraph, after the word “granted”, the words “as to the amount demanded in the complaint”, (3) by deleting the second decretal paragraph, and (4) by adding thereto a provision denying plaintiff’s motion as to the counterclaim and severing the counterclaim. As so modified, order affirmed, without costs or disbursements, and case remitted to the Supreme Court, Queens County, for further proceedings on the counterclaim. Judgment affirmed, without costs or disbursements. We agree with Special Term’s conclusion that plaintiff’s cause of action against defendant to recover the