Berardi Construction Corp. v. Manshul Construction Corp.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered January 27, 1988, unanimously modified, on the law, without costs, the motion to dismiss the complaint granted to the extent of dismissing the first cause of action asserted therein, summary judgment in favor of the plaintiff granted as to the second, third, and fourth causes of action, the matter remanded for an assessment of damages, and as modified, affirmed. The appeal from the order of the same court entered June 28, 1988, which denied reargument, is dismissed as nonappealable, without costs.

Plaintiff, a subcontractor,…