NOPCO CHEM. CO. v. MILNER


12 A.D.2d 942 (1961)

Nopco Chemical Company, Appellant, v. Nathan Milner et al., Copartners Doing Business as East New York Products Co., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 6, 1961


Order reversed, without costs, and plaintiff's motion for summary judgment granted as to its cause of action and as demanded in its complaint, subject to the following conditions: (1) that plaintiff's cause of action as to which summary judgment is granted, be severed from the cause of action pleaded as a counterclaim by defendants in their answer; (2) that the issues raised by the counterclaim and the reply thereto be determined as though they had arisen in a separate action...

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