222 Bloomingdale Road Associates v. NYNEX Properties Co.

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), dated November 18, 1999, as denied its cross motion for summary judgment on the issue of liability on its sixteenth counterclaim.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the matter is remitted to the Supreme Court, Westchester County, for a trial on the issue of damages regarding the sixteenth counterclaim.

*315The plaintiff sold, an office building to…