Wallkill Medical Development v. Sweet Constructors

In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated July 18, 2007, as denied its motion for summary judgment dismissing the third and fourth causes of action, and the plaintiffs cross-appeal from so much of the same order as denied their cross motion for summary judgment on those causes of action.

Ordered that the order is reversed insofar as appealed from, on the law, and the defendant’s motion for summary judgment dismissing the third and fourth…