Appellate Division of the Supreme Court of the State of New York December 20, 1966 (Patten v. Mi-Cal-Co, Inc.)

lead-opinion

Per Curiam.

Defendants appeal from order entered March 10, 1966, which denied their motion for summary judgment and which granted partial summary judgment to plaintiff, and from *498the judgment entered thereon March 11, 1966, and which order and judgment severed and left for trial the issue of repudiation of the express agreement and damages.