Ziv v. Tellkamp

In an action, inter alia, to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Driscoll, J.), entered January 23, 2013, as denied that branch of their motion which was for summary judgment dismissing the amended complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion which were for summary judgment dismissing the first and third causes of action of the amended complaint and so much of the second and fourth causes of…