Allshine, C.S., Inc. v. South Orangetown Central School District

—In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated July 23, 2002, which denied its cross motion to dismiss the complaint for failure to serve a timely notice of claim and as time-barred, or, in the alternative, for summary judgment dismissing the complaint, granted the plaintiff’s motion for summary judgment on the issue of liability, and referred the matter to a judicial hearing officer to hear and report on the amount due to the plaintiff under the contract.

■ Ordered that the order is…