Maraia v. Valentine

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from (1) an order of the Supreme Court, Rockland County (Nelson, J.), dated February 12, 2004, which granted the defendant’s motion, in effect, to vacate so much of a prior order of the same court dated October 14, 2003, as, upon searching the record, awarded summary judgment in favor of the plaintiffs, and (2) a judgment of the same court dated April 28, 2004, which, upon a jury verdict, is in favor of the defendant and against them dismissing the complaint.

Ordered that the appeal from the order is…