Mitchell v. Fidelity Borrowing

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered September 7, 2006, which, to the extent appealed from, held plaintiffs motion for summary judgment on his breach of contract claim in abeyance pending a referee’s report and denied plaintiffs motion for dismissal of defendant’s first counterclaim for breach of agreement, and denied the alternative request to strike defendant’s answer and first counterclaim, unanimously modified, on the law, plaintiffs motion for summary judgment as to liability on his breach of contract claim and to dismiss defendant’s first…