Maxton Builders, Inc. v. Lo Galbo

In an action to recover damages for breach of a contract for the sale of real property, plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Kelly, J.), dated July 23, 1984, as denied that branch of its motion which was for summary judgment, and defendants cross-appeal, as limited by their brief, from so much of the same order as denied their motion for summary judgment dismissing the complaint.

Order modified, on the law, by deleting therefrom the provision which denied that branch of the plaintiffs motion which was for summary judgment in…