Stara Plumbing & Heating Co. v. Peter K. Kelly Contracting Corp.

Order, Supreme Court, New York County, entered October 12, 1977, granting plaintiff’s motion for partial summary judgment on the issue of liability against defendant, Peter K. Kelly Contracting Corp., directing an assessment of damages thereon, severing the counterclaim and the action against the other defendants, and denying Kelly’s cross motion to preclude, unanimously modified, on the law, by dismissing the counterclaim, striking the assessment of damages and awarding plaintiff partial summary judgment in the amount of $8,537.37 plus interest, and, as modified, otherwise affirmed, with $60…