Zucker v. Kid Gloves, Inc.

—In an action to recover damages for breach of contract and negligence, the defendant appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), dated October 27, 1995, as granted the plaintiff’s motion for summary judgment to the extent of dismissing its first affirmative defense of failure to state a cause of action, and denied its cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff is an artist whose work was exhibited by a…