Henske & Sons, Inc. v. Cold Spring Holding Corp.

In an action inter alia to recover a balance allegedly owing upon a contract to install a swimming pool and for extras, defendant Cold Spring Holding Corp. appeals from an order of the Supreme Court, Nassau County, dated December 28, 1971, which denied its motion, pursuant to CPLR 3212, for summary judgment. Order reversed, on the law, with $10 costs and disbursements, motion granted and complaint dismissed as against appellant. On November 30, 1969 appellant leased part of its premises to its codefendant for the latter’s use thereof as a summer day camp, the leasehold to be in effect only…