Appellate Division of the Supreme Court of the State of New York February 22, 1972 (Berley Industries, Inc. v. Bristol Apartments Corp.)

In an action to recover a balance owing for heating and air conditioning labor and material furnished in the construction of a building and to recover upon a promissory note, (A) defendants appeal from (1) an order of the Supreme Court, Kings County, dated January 29, 1971, which, upon plaintiff’s motion for summary judgment, inter alia (a) severed the three counterclaims of defendant Bristol