Hirsch Electric Co. v. Community Services Inc.

In an action to recover damages for breach of a construction contract, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Bernstein, J.), dated December 9, 1985, as denied its cross motion for summary judgment and granted the motion of the defendant Community Services, Inc., for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, so as to provide that the defendant third-party plaintiff’s motion is granted to the extent that the defendant is awarded partial summary judgment pursuant to CPLR 3212 (g) solely on the issue of…