As so modified, order affirmed, without costs. (The appeal insofar as taken by counterclaim-defendant Pistone has been withdrawn [Point III of his attorneys' brief for plaintiff].) This is an action to recover for goods sold and delivered and on an account stated.
In its answer, defendant admits that merchandise of the value of $126,562.29 has not been paid for, but counterclaims for damages resulting from an alleged conspiracy between its purchasing agent and plaintiff...
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