Mauro v. Niemann Agency, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated March 13, 2002, which denied its motion, inter alia, for summary judgment dismissing the complaint with leave to renew upon the completion of discovery.
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 dismissing the complaint and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed,…
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