Sumitomo Shoji New York, Inc. v. Isbrandtsen Co.

Order, entered March 12, 1964, denying, inter alla, plaintiff’s motion for summary judgment in action for goods sold and delivered, and orders entered November 17, 1964 and December 10, 1964, in renewal of the prior motion, are respectively modified, on the law, to the extent of granting partial summary judgment to plaintiff seller for an amount to be determined upon an assessment pursuant to CPLR 3212 (subd. [e]), with $30 costs and disbursements to plaintiff-appellant, and the orders are otherwise affirmed. There are issues of fact with respect to the alleged 'breaches of warranty and on…