Baby Togs, Inc. v. Harold Trimming Co.

Full title: BABY TOGS, INC., Appellant, v. HAROLD TRIMMING COMPANY, INC., Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 22, 1979

67 A.D.2d 881 (N.Y. App. Div. 1979)

Opinion

February 22, 1979

Judgment, Supreme Court, New York County, entered on October 17, 1977, unanimously modified, on the law, to reverse so much thereof as granted judgment dismissing the complaint; defendant's motion for summary judgment dismissing said complaint denied; and the judgment otherwise affirmed; and judgment on the counterclaim severed. Appellant shall recover of respondent $75 costs and disbursements of this appeal. The appeal from the order of said court entered on September 23, 1977 is dismissed as subsumed in the judgment, without costs and without disbursements. The order of this court entered on February 15, 1979 [ 67 A.D.2d 868]is vacated.

Concur — Birns, J.P., Sandler, Sullivan and Silverman, JJ.