Centre Great Neck Co. v. Penn Encore, Inc.

—In an action, inter alia, to recover damages for breach of contract, the defendant Rite Aid Corporation appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Polizzi, J.), dated December 21, 1999, as granted that branch of the plaintiffs motion which was for partial summary judgment on the second cause of action seeking an award of an attorney’s fee to the extent of awarding an attorney’s fee in the sum of $5,000.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the…