1309 Avenue P v. Garfinkel

In an action, inter alia, to recover damages for architectural malpractice and breach of contract, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Bunyan, J.), dated May 26, 2010, as denied his motion for summary judgment dismissing so much of the complaint as sought to recover lost profits, and the plaintiff cross-appeals, as limited by its brief, from so much of the same order as denied its cross motion for summary judgment on the issue of liability.

Ordered that the order is modified, on the law, by deleting the provision thereof…