Rho v. Morningside in Purchase Associates

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from so much of an order of the Supreme Court, Westchester County (Gurahian, J.), dated April 13, 1987, as denied those branches of their cross motion which were to dismiss the first and second causes of action asserted in the complaint and for summary judgment on the third counterclaim.

Ordered that the order is reversed insofar as appealed from, on the law, and those branches of the defendants’ cross motion which were to dismiss the first and second causes of action asserted in the complaint and for…