Modu Craft, Inc. v. Liberatore

Order unanimously modified and, as modified, affirmed, with costs to respondent, in accordance with the following memorandum: Plaintiff sued for the purchase price of goods sold to defendants and for the amount of the sales tax computed on the purchase price. Defendants counterclaimed for damages sustained by reason of claimed defects in some of the goods sold. Plaintiff, conceding there was a question of fact concerning the merits of defendants’ counterclaim, moved for partial summary judgment. We hold that Special Term acted properly in granting plaintiff’s motion for partial summary…