Express Home Care Agency, Inc. v. VIP Health Services, Inc.

—In an action, inter alia, to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Kings County (Jones, J.), entered June 22, 1999, as denied its motion for summary judgment dismissing the complaint and for partial summary judgment on the issue of liability on its counterclaims.

Ordered that the order is modified, on the law, by deleting the provision thereof which denied those branches of the defendant’s motion which were for summáry judgment dismissing the second, third, and fourth causes of action asserted in the complaint and…