D. M. G. Construction Corp. v. Marcello

n an action to recover damages for breach of contract, in which defendants interposed a counterclaim, the plaintiff appeals (1) as limited by his brief, from so much of an order of the Supreme Court, Nassau County, dated June 30, 1976, as (a) granted the branch of defendants’ motion which sought summary judgment on their counterclaim upon plaintiff’s default in serving a reply, and (b) failed to grant plaintiff’s application for leave to interpose a reply and (2) from a further order of the same court, dated June 28, 1976, which denied the plaintiff’s motion which was, in effect, for…