G. & D. Poultry Farms, Inc. v. Long Island Butter & Egg Co.

In an action to recover a balance owing for goods sold and delivered, plaintiff appeals from an order of the Supreme Court, Nassau County, dated March 14, 1969, which denied its motion for summary judgment. Order reversed, on the law, and plaintiff’s motion for summary judgment in the full amount demanded in the complaint, and dismissing defendant’s counterclaims, granted, with $20 costs and disbursements. In our opinion, defendant waived its right to assert a counterclaim with respect to alleged defects in plaintiff’s merchandise. Not only was the delay in asserting said claim unreasonable…