Shelvin Plaza Associates, LLC v. Lew Leiberbaum Holdings Co.

In an action, inter alia, to recover damages for breach of contract, the defendants appeal, as limited by their notice of ap*731peal and brief, from so much of an order of the Supreme Court, Nassau County (Austin, J.), entered September 23, 2003, as granted that branch of the plaintiff’s motion which was for summary judgment on the issue of liability on the first cause of action and denied their cross motion, among other things, for summary judgment dismissing the complaint.

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

The plaintiff landlord and the defendant Lew…