It is hereby ordered that the order and judgment so appealed from be and the same hereby is reversed on the law with costs, the motion is denied and the first counterclaim is reinstated.
Memorandum:
Plaintiff commenced this action seeking damages based on various theories of liability, including for goods sold and delivered. Defendant raised various affirmative defenses and asserted counterclaims for, inter alia, breach of contract. Supreme Court granted plaintiff...
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