Aluminum Building Products Corp. v. Martin Katz Corp.

In an action to recover damages for breach of contract, in which defendant counterclaimed to recover (1) a balance owing for goods sold and delivered and (2) upon an account stated, plaintiff appeals from a judgment of the Supreme Court, Rockland County, dated February 14, 1968, in favor of defendant upon the granting of defendant’s motion to dismiss the complaint and for summary judgment on its “ counterclaim ”, pursuant to CPLR 3212. Judgment reversed, on the law, with $20 costs and disbursements, and motion denied. In our opinion, questions of fact are presented by the motion papers ; and…