Gruen Industries, Inc. v. R. F. Downing & Co.

Order, entered on October 25, 1963, denying plaintiff’s motion for summary judgment and granting the cross motion of the defendant Giunta for leave to amend his answer, unanimously reversed on the law, with $20 costs and disbursements to appellant, and plaintiff’s motion for summary judgment granted, with $10 costs, the matter remitted for an assessment of the damages sustained by plaintiff based upon the value of the goods, and the cross motion for leave to amend the answer denied. The defendant, Giunta, resists plaintiff’s application for summary judgment solely on the ground of custom and…