HERBERT, INC. v. M & P SCRAP & METAL


41 Misc.2d 1020 (1964)

Frank M. Herbert, Inc., Appellant, v. M & P Scrap Iron & Metal Corporation, Respondent.

Supreme Court, Appellate Term, Second Department.

February 24, 1964


Attorney(s) appearing for the Case

George I. Janow for appellant. Cooper, Abrams & Herman (Gerald F. Hoffer of counsel), for respondent.

PETTE and GROAT, JJ., concur.


WALTER R. HART, J.

Plaintiff appeals from so much of an order as (1) denied plaintiff's motion for summary judgment, (2) granted defendant's cross motion for judgment dismissing the complaint pursuant to rules 107, 112 and 113 of the Rules of Civil Practice, and (3) severed the action and directed that defendant's second counterclaim proceed to trial. No appeal was taken from that part of the order which struck...

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