J.J. Cassone Bakery, Inc. v. Consolidated Edison Co. of New York, Inc.

In an action, inter alia, to recover damages for breach of contract and fraud, the defendant appeals (1), as limited by its brief, from so much of an amended order of the Supreme Court, Westchester County (Lefkowitz, J.), entered March 4, 1996, as denied its motion to dismiss the complaint, and (2) from so much of an order of the same court entered July 22, 1996, as granted the plaintiff’s motion to dismiss its fifth, sixth, seventh, and tenth affirmative defenses.

Ordered that the order entered March 4, 1996, is reversed insofar as appealed from, the defendant’s motion is granted, and the…