SUSTRIN v. JETHMAL & SONS, LTD.


24 A.D.2d 417 (1965)

Elliott Sustrin, Respondent, v. Jethmal & Sons, Ltd., Appellant

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

June 8, 1965


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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