Transport Towing, Inc. v. Rad Oil Co.

—In an action, inter alia, to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Kings County (Belen, J.), dated August 28, 1997, as, in effect, granted the plaintiffs motion for renewal, vacated so much of an order of the same court, dated May 29, 1997, as granted the defendant’s motion for partial summary judgment on its first counterclaim, and denied that motion.

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

Under the circumstances of this case, the court did not err by, in effect, treating the plaintiffs…