Mack-Cali Realty v. Everfoam Insulation Systems, Inc.

In an action, inter alia, to recover damages for breach of contract, (1) the defendant/third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered August 22, 2011, as denied its motion for summary judgment dismissing the first cause of action in the complaint and granted that branch of the plaintiffs’ motion which was for summary judg*681ment dismissing its fourth affirmative defense, and the plaintiffs cross-appeal, as limited by their brief, from so much of the same order as denied that branch of their…