Michael J. Torpey, Inc. v. Consolidated Edison Co.

In an action to recover damages for breach of contract, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Lerner, J.), entered April 6, 1983, as denied those branches of its motion for summary judgment as sought dismissal of plaintiff’s first, third, fourth and fifth causes of action. Order modified, on the law, by granting that branch of the motion which sought summary judgment dismissing plaintiff’s first cause of action. As so modified, order affirmed insofar as appealed from, without costs or disbursements. The parties entered into a…