CREATED GEMSTONES, INC. v. UNION CARBIDE CORP.


61 A.D.2d 776 (1978)

Created Gemstones, Inc., Appellant-Respondent, v. Union Carbide Corporation, Respondent-Appellant

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

February 27, 1978


The counterclaims are for goods sold and delivered and are fully established. The causes of action alleged in the amended complaint are not so inseparable from the counterclaims as to require withholding of summary judgment or stay of execution on the counterclaims pending determination of the causes of action alleged in the amended complaint. (Dalminter, Inc. v Dalmine, S. p. A., 29 A.D.2d 852, affd 23 N.Y.2d 653...

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