Sidney B. Bowne & Son, LLP v. Parr Development Corp.

In an action to recover money allegedly owed for engineering services, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Peck, J.), dated April 7, 2003, as, upon granting the defendants’ motion, inter alia, to vacate a prior order of the same court (Carter, J.), entered August 8, 2002, granting its unopposed motion for summary judgment, in effect, denied its motion for summary judgment on the ground that issue had not been joined.

Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying that branch…