Millicent Bender, Inc. v. J. D. Posillico, Inc.

In an action to recover money allegedly due to the plaintiff as assignee under a contract to provide security services, the defendant appeals (1) from an order of the Supreme Court, Suffolk County (McCarthy, J.), entered March 27, 1987, which denied its motion to strike the plaintiff’s second note of issue and granted the plaintiff’s cross motion to reinstate its first note of issue and to restore the action to the Trial Calendar, and (2) as limited by its brief, from so much of an order of the same court, entered August 14, 1987, as, upon reargument, adhered to its original determination…