Columbia Terrace Development Corp. v. Brown

In an action for an accounting and. to recover money had and received, the plaintiff appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Kings County (Levine, J.), dated August 25, 1987, as denied those branches of its motion which were to dismiss the defendant’s affirmative defenses in their entirety, and the defendant’s five counterclaims, and for summary judgment in the plaintiff’s favor.

Ordered that the order is modified by deleting therefrom the provisions denying those branches of the plaintiff’s motion which were to dismiss the…