M. Viaggio & Sons, Inc. v. City of New York

— In an action to recover damages for breach of contract, plaintiff appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated February 2, 1982, which denied its motion for summary judgment and for an assessment of damages. Order modified, on the law, by directing that summary judgment be granted in favor of the plaintiff on the issue of liability only. As so modified, order affirmed, without costs or disbursements. On this appeal, the defendant concedes that plaintiff is entitled to summary judgment on the issue of liability. However, a trial is still required with respect…