Ceramic Technics, Ltd. v. DeSpirt Mosaic & Marble Co., Inc.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered February 28, 2017. The order, insofar as appealed from, denied those parts of the motion of plaintiff for summary judgment on the amended complaint and for summary judgment dismissing the counterclaim.

It is hereby ordered that the order insofar as appealed from is reversed on the law without costs, the motion is granted in part, the counterclaim is dismissed, and judgment is ordered in accordance with the following memorandum: Plaintiff commenced this breach of contract action against DeSpirt Mosaic & Marble…