Carl Zeiss, Inc. v. Micro Med Instruments, Inc.

— In an action, inter alia, to recover damages *779for goods sold and delivered, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered October 16, 1990, as denied those branches of its motion which were for summary judgment in its favor on its first, third, fourth, and fifth causes of action, for summary judgment dismissing the defendant’s fourth counterclaim, and for summary judgment dismissing the defendant’s third and fourth affirmative defenses.

Ordered that the order is modified, on the law, by (1) deleting the provision thereof which…