Watermelons Plus, Inc. v. New York City Department of Education

In an action to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Velasquez, J.), dated *974May 1, 2009, as denied those branches of its motion pursuant to CPLR 3211 (a) (1) and (7) which were to dismiss so much of the second cause of action as sought to recover damages based on an alleged loss of future profits after April 30, 2006, and the third cause of action.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendant’s motion pursuant…