Elias v. Wal-Mart Stores, Inc.

—In an action, inter alia, to recover damages for breach of contract, the defendant appeals from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (Schmidt, J.), entered November 1, 1994, as granted those branches of the plaintiff’s motion which were for summary judgment on his first and second causes of action, denied those branches of its cross motion which were for summary judgment dismissing the first and second causes of action, and declared that the defendant was obligated to pay all legal fees and disbursements becoming due and owing upon the rezoning to…