Electrical Waste Recycling Group, Ltd. v. Andela Tool & Machine, Inc.

Appeal from an order of the Supreme Court, Herkimer County (Norman I. Siegel, A.J.), entered September 4, 2012. The order, among other things, denied the motion of defendant for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting defendant’s mo*1628tion in part and dismissing the seventh cause of action and as modified the order is affirmed without costs.

Memorandum: City Electrical Factors/Matrix-Direct-Recycle (MDR), which was plaintiff’s predecessor in interest, entered into two separate contracts with defendant. Pursuant to the…