Durban v. Smith

—In an action to recover damages for breach of contract, the defendants appeal from a judgment of the Supreme Court, Rockland County (Miller, J.), entered March 31, 1997, which, upon (1) an order of the same court, dated September 6, 1996, granting the plaintiff’s motion for summary judgment on the issue of liability, and (2) an order of the same court, dated February 24, 1997, confirming a Referee’s report on damages and directing the entry of judgment against them, is in favor of the plaintiff and against them in the principal sum of $116,000.

Ordered that the judgment is reversed, on the…