M.S. Berkoff Co. v. McGuire

OPINION OF THE COURT

Memorandum.

Ordered that the orders are affirmed, without costs.

In this action to recover the principal sum of $2,535.94 based on an account stated and breach of contract, plaintiff obtained a default judgment against defendant and successfully executed thereon in the amount of $3,213.31. Thereafter, defendant moved to vacate the default judgment, which motion was granted. Defendant then interposed a counterclaim for “conversion” based upon plaintiff’s refusal to return the $3,213.31. By order entered January 21, 2015, the Civil Court granted defendant’s motion for summary…