Ervolino v. Scappatura
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendants appeal (1) from an order of the Supreme Court, Nassau County (Burstein, J.), dated February 17, 1988, which denied their cross motion for summary judgment dismissing the complaint, and (2), as limited by their brief, from so much of an order of the same court, dated August 8, 1988, as, upon reargument, failed to unconditionally grant that branch of their cross motion which was for summary judgment dismissing the complaint. The plaintiff cross-appeals from so much of *655the order dated August 8, 1988, as, upon…
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