Omni Contracting Co. v. City of New York

In an action 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, Queens County (Kerrigan, J.), dated September 25, 2009, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for breach of a construction contract. The defendants moved, inter alia, for summary judgment dismissing the complaint on the ground that the plaintiff was not…