John & Mary Markle Foundation v. Manufacturers Hanover Trust Co.

In an action to recover damages for breach of contract, the defendant appeals from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (Christ, J.), entered December 13, 1989, as granted the plaintiff’s purported cross motion for summary judgment and awarded the plaintiff judgment in its favor and against defendant in the principal sum of $274,500.

Ordered that the order and judgment is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent…