TOYS "R" US — NYTEX, INC. v. ROSENSHEIN DEV. CORP.


172 A.D.2d 826 (1991)

Toys "R" Us — NYTEX, Inc., Appellant, v. Rosenshein Development Corp. et al., Respondents

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

April 29, 1991


Ordered that the order is modified, on the law, by deleting the first decretal paragraph thereof and substituting therefor a provision denying those branches of the defendants' motion which were for partial summary judgment on the second, third and fourth counterclaims; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff as seller and the defendant Rosenshein Development Corp. as buyer made a contract in which...

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