Lizza Industries, Inc. v. Long Island Lighting Co.

In an action, by a corporation which had contracted with the County of Nassau to lay sewers, to recover damages for breach of an alleged obligation of defendant to protect, etc., its facilities (first cause of action) and on two other causes, defendant appeals from so much of an order of the Supreme Court, Nassau County, dated March 2, 1973, as (1) denied its motion to dismiss the -first cause of action, (2) denied its subsequent application for summary judgment on its second and fourth counterclaims and (3) granted plaintiff’s cross motion to the extent of dismissing defendant’s third…