Yofi Book Publishing, Inc. v. Wil-Brook Realty Corp.

—In an action, inter alia, to recover damages for injury to property, the defendant appeals from so much of an order of the Supreme Court, Kings County (Dabiri, J.), dated October 7, 1999, as denied those branches of its cross motion which were for summary judgment dismissing the complaint, and on its counterclaim to recover damages for breach of contract, and the plaintiff cross-appeals from so much of the same order as denied its motion for summary judgment on the issue of liability.

Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying that branch, of…