T.F. Demilo Corp. v. E.K. Construction Co.

—In an *481action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Nassau County (Brucia, J.), entered September 15, 1992, which, inter alia, (1) granted the motion of the defendant sureties to dismiss the action insofar as it is asserted against them, (2) denied its motion for summary judgment, or in the alternative, partial summary judgment, for $40,000 allegedly due under a settlement agreement, and (3) granted the motion of the defendant E.K. Construction Co., Inc., for permission to serve a…