Elm Realty Associates, LLC v. Leben, LLC

*791In an action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Glover, J.), dated October 31, 2003, as granted the defendants’ motion for summary judgment dismissing the complaint and denied its cross motion for summary judgment on the issue of liability and for a trial on the issue of damages, and the defendants third-party plaintiffs cross-appeal from so much of the same order as granted the motion of the third-party defendant pursuant to CPLR 3211 (a) (1) and (7) to dismiss the…