Joseph Barsuk, Inc. v. Niagara Mohawk Power Corp.

—Order reversed on the law without costs, motion denied, cross motion granted and counterclaims dismissed. Same Memorandum as in Joseph Barsuk, Inc. v Niagara Mohawk Power Corp. (281 AD2d 875 [decided herewith]).

All concur except Kehoe, J., who dissents in part and votes to modify in the following Memorandum:

Kehoe, J. (dissenting in part). I respectfully dissent in part. I agree with the majority that Supreme Court erred in granting defendant’s motion for partial summary judgment on the counterclaim for breach of contract. I disagree, however, with the majority that the counterclaims asserted…