Belden-Stark Brick Corp. v. Morris Rosen & Sons, Inc.

Order, Supreme Court, New York *535County, entered on August 16, 1971, denying plaintiff’s motion for summary-judgment, unanimously reversed, on the law, and plaintiff’s motion granted, judgment awarded plaintiff as prayed for and defendant’s counterclaim dismissed. Appellant shall recover of respondents $50 costs and disbursements of this appeal. Appeal from the order of said court, entered on October 21, 1971, unanimously dismissed as academic, without costs and without disbursements. In this action to recover the unpaid balance for brick sold and delivered to the defendant Rosen and to recover…