Del Monte Corp. v. Mercantum (U.S.) Corp.

— Order, Supreme Court, New York County (Beverly S. Cohen, J.), entered May 9, 1990, which, inter alia, granted partial summary judgment to plaintiff on the first cause of action (except with respect to three invoices), in the amount of $278,918.16 plus interest, costs and disbursements, unanimously modified, in the exercise of discretion, to hold entry of judgment in abeyance pending determination of any remaining cause of action pursuant to CPLR 3212 (e) (2), and otherwise affirmed, without costs.

This is an action for goods sold and delivered and for an account stated wherein defendant has…