John Treiber Agency, Inc. v. Spartan Concrete Corp.

—In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Feuerstein, J.), entered January 21, 1999, which granted those branches of the plaintiffs motion which were for summary judgment on the issue of liability only and to dismiss the defendant’s counterclaims and strike its affirmative defenses.

Ordered that the order is modified by deleting the provisions thereof granting those branches of the motion which were for summary judgment (a) on the issue of liability, and (b) striking the first and second affirmative…