Freeman Lumber Co. v. a.C. Dutton Lumber Corp.

—In an action to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Dutchess County (Bernhard, J.), dated May 24, 1994, as, upon renewal and reargument, adhered to a prior determination which denied its motion for summary judgment and granted the plaintiff’s cross motion for summary judgment.

Ordered that the order is modified, on the law, by deleting therefrom the provision adhering to that portion of the original determination which granted the plaintiff’s cross motion for summary judgment and substituting therefor a provision denying…