Order and judgment unanimously affirmed, on the law and on the facts, with $50 costs to respondent.
Partial summary judgment was properly granted to the assignee of a claim for goods sold and delivered, and the second counterclaim for a credit and allowance in settlement of a claim for damaged merchandise was properly severed. The first counterclaim alleges a breach of the agreement sued upon in that the plaintiff's assignor granted to the defendant an exclusive distributorship...
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