Pike Company, Inc. v. Customweld Industries, Inc.

*742In an action to recover damages for breach of contract (action No. 1), and a related action, inter alia, to recover damages for breach of contract (action No. 2), Pike Company, Inc., the plaintiff in action No. 1 and a defendant in action No. 2, appeals from an order of the Supreme Court, Suffolk County (Pines, J.), dated April 4, 2012, which denied its motion, in effect, for summary judgment on the issue of liability in action No. 1 and dismissing the amended complaint in action No. 2 insofar as asserted against it.

Ordered that the order is affirmed, with costs.

In December 2009, Pike…