Forma Corp. v. A. L. Constructors Corp.

Full title: FORMA CORPORATION, Respondent, v. A. L. CONSTRUCTORS CORPORATION, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 2, 1946

186 Misc. 160 (N.Y. App. Term 1946)

59 N.Y.S.2d 878

Opinion

January 2, 1946.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, DI PIRRO, J.

Silas W. Sollfrey for appellant.

Nicholas J. Ferri for respondent.

MEMORANDUM

Per Curiam.

Consideration and decision of plaintiff's motion for summary judgment should have been held in abeyance until the conclusion of the examination before trial of plaintiff granted to defendant on its counterclaim.

The judgment and order should be reversed, with $10 costs to appellant to abide the event, and motion denied without prejudice to new motion at the conclusion of the examination before trial.

HAMMER, SHIENTAG and HECHT, JJ., concur.

Judgment and order reversed, etc.