Hellmuth v. Brandin

Having decided to affirm the order denying plaintiff’s motion for summary judgment in the companion ease between the same parties (3 A D 2d 997) in which the same counterclaim was interposed, we turn to the consistency of that order with the order now before us which granted a conditioned summary judgment. This order strikes out the counterclaim and answer with leave to replead; and it grants judgment for the amount sought in the complaint, but defers entry of the judgment until after determination of whatever issues are to be presented by the amended answer which the court permitted to be…