J & J Air Freight Trucking Co. v. Danzas Corp.

—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Glover, J.), dated June 26, 2002, which denied its motion for summary judgment on the issue of liability on the first cause of action. Justice Cozier has been substituted for the late Justice O’Brien (see 22 NYCRR 670.1 [c]).

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment on the issue of liability on the first cause of action against the defendant Danzas…