Bay Ridge Lumber Co. v. Groenendaal

— In an action to recover damages for goods allegedly sold and delivered, (1) the defendants appeal from a judgment of the Supreme Court, Kings County (Williams, J.), entered May 11, 1989, which is in favor of the plaintiffs and against them pursuant to CPLR 3126 (3), and (2) the defendants Peter Groenendaal and Joyce Groenendaal further appeal from an order of the same court, dated October 11, 1989, which denied as academic their motion for summary judgment. The appeal from the judgment brings up *95for review that portion of an intermediate order of the same court, dated August 15, 1988, as…