New Plan of Hillside Village, LLC v. Surrette

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Farneti, J.), dated August 8, 2011, as denied that branch of its motion which was, in effect, for summary judgment on the first and second causes of action in the complaint, and, upon searching the record, awarded summary judgment to the defendants dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provisions thereof which searched the record and awarded summary judgment to the…