John Milnes Co. v. Staten Island Board on Jewish Education, Inc.

In an action to recover a balance allegedly due for work, labor and services performed and materials furnished, on a cost plus basis pursuant to contract, defendant appeals as follows from three orders of the Supreme Court, Richmond County: (1) as limited by appellant’s brief, from so much of an order entered August 21, 1964, as (a) denied defendant’s cross motion for summary judgment on its third defense (that plaintiff split its cause of action), (b) denied defendant’s cross motion to strike the case from the calendar, on condition that plaintiff serve a bill of particulars and (c) granted…