Snow v. Seff

In an action, inter alia, to recover damages for breach of contract, the defendant Fountainhead Construction, Inc., appeals from an order of the Supreme Court, Suffolk County (Molia, J.), entered February 4, 2011, which denied its motion for summary judgment dismissing, in effect, so much of the first cause of action as sounds in breach of contract, and so much of the second cause of action as sounds in breach of warranty, insofar as asserted against it.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendant…