Charles E. S. McLeod, Inc. v. R. B. Hamilton Moving & Storage

In an action to recover damages for breach of a lease of machinery, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated February 5, 1981, which, upon denying its motion for summary judgment and granting the defendant’s cross motion for summary judgment, dismissed the complaint. Judgment reversed, on the law, with $50 costs and disbursements, motion granted to the extent of awarding partial summary judgment to plaintiff on the issue of liability, cross motion denied, and matter remitted to Special Term for a trial on the issue of damages. The…