Mindich Developers, Inc. v. Milstein

In an action to recover damages, inter alia, for breach of contract, the defendant appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated February 28, 1995, which denied his cross motion for summary judgment dismissing the complaint and granted the plaintiff’s motion for leave to serve an amended complaint.

Ordered that the order is reversed, on the law, with costs, the plaintiff’s motion is denied, the defendant’s cross motion is granted, and the complaint is dismissed.

On October 1, 1992, the defendant orally retained the plaintiff to perform home improvement…