Zito v. County of Suffolk

In an action, inter alia, to recover damages for breach of *815contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Asher, J.), entered August 9, 2011, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.

The pertinent background facts are set forth in our determination of a prior appeal (see Zito v County of Suffolk, 81 AD3d 722 [2011]). On this appeal, the defendant, County of Suffolk, appeals from an…