Nopco Chemical Co. v. Milner

In an action to recover the sum of $12,674.57 as the balance alleged to be due for goods sold and delivered, in which defendants asserted a counterclaim for $300,000 based on plaintiff’s alleged breach of contract, plaintiff appeals from an order of the Supreme Court, Kings County, dated July 18, 1960, denying its motion for summary judgment and to strike out defendants’ answer, pursuant to rule 113 of the Rules of Civil Practice. Order reversed, without costs, and plaintiff’s motion for summary judgment granted as to its cause of action and as demanded in its complaint, subject to the…