Order reversed, on the law, and plaintiff's motion for summary judgment in the full amount demanded in the complaint, and dismissing defendant's counterclaims, granted, with $20 costs and disbursements.
In our opinion, defendant waived its right to assert a counterclaim with respect to alleged defects in plaintiff's merchandise. Not only was the delay in asserting said claim unreasonable as a matter of law but, despite knowledge of alleged defects, defendant continued...
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