Plymouth Rock Fuel Corp. v. Leucadia, Inc.

In an action to recover damages for breach of contract, plaintiff appeals from so much of an order of the Supreme Court, Kings County (Vaccaro, J.), dated August 3, 1982, as denied its motion for summary judgment and defendant cross-appeals from so much of the same order as denied its cross motion for partial summary judgment dismissing the complaint and for a severance of the counterclaims, f Order modified, on the law, by deleting the provision denying that branch of plaintiff’s motion which sought summary judgment as to the issue of liability for fuel deliveries and substituting therefor a…