Appellate Division of the Supreme Court of the State of New York June 28, 2007 (Mandel, Resnik & Kaiser, P.C. v. E.I. Electronics, Inc.)

Order, Supreme Court, New York County (Judith J. Gische, J.), entered June 26, 2006, which granted the motion of plaintiff and third-party defendants for summary judgment dismissing the counterclaim and third-party complaint, and denied defendant’s cross motion for partial summary judgment and leave to amend its pleadings, unanimously modified, on the law, the motion denied, the cross motion