Metro Envelope Corp. v. Westvaco

Order, Supreme Court, New York County, entered March 15, 1979, which, inter alia, denied defendant’s motion for partial summary judgment dismissing the first and second causes of action in the complaint and for summary judgment upon its counterclaim, unanimously modified, on the law and in the exercise of discretion, to the extent of striking the provisions for severance of the third and fourth causes of action in the complaint and allowing plaintiff leave to replead, without prejudice to plaintiff’s seeking leave to replead before Special Term within 20 days after service of a copy of our…