Bistrian Gravel Corp. v. Wainscott Northwest Associates

In a breach of contract action, defendant appeals, as limited by its brief, from so much of the judgment of the Supreme Court, Suffolk County (Orgera, J.), entered October 26, 1983, as, after a nonjury trial, is in favor of plaintiff and against it in the sum of $14,100 with respect to the first cause of action and dismisses its counterclaim, and plaintiff cross-appeals, as limited by its brief, from so much of the same judgment as dismisses its second and third causes of action.

Judgment modified, on the law and the facts, by deleting the provision dismissing the third cause of action and by…