De Foe Corp. v. City of New York

— In an action to, inter alia, recover damages for breach of contract, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Rader, J.), dated October 28,1982, as (1) denied its motion for partial summary judgment dismissing the fifth and stated portions of the third causes of action asserted in the complaint and (2) granted that branch of plaintiff’s cross motion which sought to amend the third and fifth causes of actions asserted in the complaint. Order modified, on the law, by (1) deleting so much thereof as grants that branch of…