Jackson & Wheeler, Inc. v. Village of Pleasantville

In an action, inter alia, to recover damages for breach of contract, the defendant Tomos, LLC, appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Murphy, J.), entered March 29, 2007, as granted that branch of the plaintiff’s motion which was for leave to reargue its opposition to that branch of the motion of the defendant Tomos, LLC, which was pursuant to CPLR 3211 (a) (1) and (7) to dismiss the breach of contract cause of action insofar *724as asserted against it, which had been determined in an order entered November 17, 2006, and, upon…