Marino Industries Corp. v. Kahn Lumber Co.

In an action for goods sold and delivered and on an account stated, in which defendant counterclaims to recover damages for interference with a contract, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County, entered June 27, 1977, as (1) granted the branch of plaintiff’s motion which sought summary judgment as to the main action and the counterclaim and (2) directed an assessment of damages. Order modified by deleting so much thereof as awarded plaintiff summary judgment on the counterclaim and struck the counterclaim and substituting…