Singer Co. v. Alka Knitting Mills, Inc.

In an action inter alla to recover from defendant Alka Knitting Mills, Inc. a balance allegedly due for a knitting machine sold and delivered, plaintiff and said defendant appeal from separate portions of an order of the Supreme Court, Kings County, dated November 6, 1972, namely, (1) plaintiff appeals, as limited by its notice of appeal and its brief, from so much of the order as (a) denied its motion to dismiss said defendant’s affirmative defense, offset and counterclaim (CPLR 3211, subd. [a], pars. 1, 6), (b) in nevertheless further providing that said defendant’s counterclaim is…