Wyandanch Volunteer Fire Co. v. Randon Construction Corp.

In an action, inter alia, to recover damages for breach of contract, the defendant Advantage Building & Exteriors, Inc., appeals from an order of the Supreme Court, Suffolk County (Molía, J.), dated February 2, 2005, which granted the plaintiffs motion for leave to amend the complaint to add a cause of action sounding in breach of warranty against it, and denied its cross motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the cross motion which was for…