Appellate Division of the Supreme Court of the State of New York April 2, 1969 (New York Kandy Kard Corp. v. Barton's Candy Corp.)

Order entered June 14, 1968, unanimously modified on the law, without costs and without disbursements, to the extent of granting summary judgment to defendant-appellant on the first counterclaim, directing an assessment thereof, and staying execution on 'that assessment and of the assessment under the second counterclaim pending the trial of the first and second causes of action in the complaint,