Xavier Contracting, LLC v. City of Rye

*688In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Westchester County (Rudolph, J.), entered December 17, 2004, which granted the plaintiffs motion for summary judgment on the issue of liability and denied their cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant City of Rye, acting through the defendant City Council of the City of Rye, advertised for bids in connection with the renovation of its community center. The City intended to award seven…