Midollo v. DiDonato

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered April 14, 2005, which granted the defendant’s motion for summary judgment dismissing the complaint and denied his cross motion for summary judgment.

Ordered that the order is modified, on the law, by deleting the *750provision thereof granting the motion and substituting therefor a provision denying that motion; as so modified, the order is affirmed, without costs or disbursements.

The agreement in question provided, inter alia,…