Roccanova v. Aussino (Usa), Inc.

In an action to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), dated July 20, 2009, as denied that branch of his motion which was pursuant to CPLR 3012 (d) to compel the defendant Aussino (USA), Inc., to accept service of his late reply to the counterclaim, and the defendant Aussino (USA), Inc., cross-appeals, as limited by its brief, from so much of the same order as denied that branch of its cross motion which was for summary judgment dismissing the cause of action seeking to…