MMI Trading, Inc. v. American Waste Management & Recycling, LLC

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Sher, J.), dated October 31, 2011, which, upon an order of the same court (Phelan, J.), dated July 15, 2011, granting that branch of the plaintiffs motion which was for summary judgment on the issue of liability, and upon a decision of the same court (Sher, J.), dated October 5, 2011, made after a nonjury trial on the issue of damages, finding that the plaintiff had failed to prove damages, failed to award the plaintiff any damages.

Ordered that the…