Marcus Breier Sons, Inc. v. Marvlo Fabrics, Inc.

This is an appeal by the defendant from an order denying its motion for summary judgment upon its first counterclaim. In Drittel v. Friedman, 2 Cir., 154 F.2d 653, this court held that an appeal will not lie from such an order. It is • purely interlocutory, inasmuch as it does no more than would an order under earlier practice overruling a demurrer. In other words, it leaves the issues raised by the defendant’s first counterclaim and the reply thereto to be tried. We may add that this disposition by Judge Kaufman of the above issues seems to have been wise. Disputes between parties as to…