American Marazzi Tile, Inc. v. European Ceramic Tile Center, Inc.

—Order unanimously modified on the law and as modified affirmed with costs to plaintiff, in accordance with the following memorandum:

Special Term should not have granted summary judgment on plaintiff’s third cause of action for counsel fees because the moving papers set forth no facts supporting the value of the legal services incurred. (Appeal from order of Supreme Court, Erie County, Mintz, J.—summary judgment.) Present—Callahan, J. P., Denman, Boomer, Pine and Davis, JJ.