TBS Enterprises, Inc. v. Dime Savings Bank

In an action, inter alia, to recover a commitment fee, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County, entered February 6, 1976, as denied its motion for summary judgment. Order modified, on the law, by adding to the first decretal paragraph thereof, after the word "denied”, the following: "as to the counterclaim and granted as to the causes of action asserted in the complaint.” As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to defendant. We construe condition No." 17 of the construction loan…