Acme Supply Co. v. City of New York

Order, Supreme Court, New York County (Ira Gammerman, *332J.H.O.), entered September 19, 2005, which granted plaintiffs motion for partial summary judgment, severed the remainder of the action, ordered that the action proceed to discovery and effectively denied defendant’s cross motion to dismiss the complaint, unanimously reversed, on the law, without costs, plaintiffs motion denied, defendant’s cross motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

The parties’ agreement for plaintiff to supply defendant with towels was a standard City requirements…