C&D Rodriguez General Contracting, Inc. v. Gatell

an action, inter alia, to recover damages for breach of contract, the plaintiff appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), dated July 28, 2003, as granted those branches of the defen*488dants’ motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (7) and to preclude it from offering proof in support of its defenses to the counterclaims, and (2) from a judgment of the same court entered November 18, 2003, which, after an inquest on the issue of damages, is in favor of the defendants and against it in the…