Higen Associates v. Serge Elevator Co.

— In an action to recover damages for breach of contract, the defendant appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Richmond County (Cusick, J.), dated December 19, 1990, which, inter alia, (1) denied that branch of its motion which was for summary judgment on various of its counterclaims, (2) denied that branch of its motion which was to preclude the plaintiffs from offering any evidence at a trial as to those items for which a bill of particulars had been demanded but not furnished, and (3) granted that branch of the plaintiffs’ cross motion…