SCP (Bermuda), Inc. v. Bermudatel Ltd.

Order, Supreme Court, New York County (Herman Cahn, J.), entered February 7, 1997, which, insofar as appealed, denied plaintiffs motion for summary judgment dismissing the first, second and third counterclaims of defendants BRC Bermuda Associates, L.P., BRC Bermuda Corporation, and The Related Companies, Inc., and granted defendants’ request to sever same, unanimously reversed, on the law, with costs, and these counterclaims are dismissed, without prejudice to assertion in a separate action.

The facts of this action based on instruments for the payment of money only (unconditional promissory…