United Consolidated Industries v. Mendel's Auto Parts, Inc.

In an action to recover the balance allegedly due for goods sold and delivered, the plaintiff appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Westchester County (Charde, J.H.O.), entered January 4, 1988, which, after a nonjury trial, (1) granted the defendant’s motion to dismiss the complaint for failure to make out a prima facie case, (2) is in favor of the defendant and against it in the principal sum of $15,500 upon the defendant’s first counterclaim for breach of an agreement to exchange automobile carburetors, and (3) is in favor…