Curotola Bros. Trucking Co. v. Savemart, Inc.

— In an action to recover damages for breach of contract, defendant appeals from so much of an order of the Supreme Court, Nassau County (Pantano, J.), entered December 28, 1981, as (1) upon reargument, adhered to its original determination denying defendant’s motion for summary judgment dismissing the complaint or, in the alternative summary judgment in favor of the plaintiff in a sum of no more than $3,000 and (2) granted that branch of plaintiff’s cross motion which was for leave to serve an amended complaint. Order reversed, insofar as appealed from, on the law, without costs or…