AMF, Inc. v. Cattalani

Order unanimously modified, by deleting the first decretal paragraph and substituting therefor a direction that summary judgment be granted against defendants-appellants, as to liability only, and a hearing granted on damages, pursuant to CPLR 3212 (subd [c]), and otherwise order affirmed, without costs, and judgment entered thereon vacated. Memorandum: Defendants appeal from an order granting plaintiff’s motion for summary judgment and dismissing the third-party complaint. The order directed entry of judgment for plaintiff in the sum of $78,110 plus interest, which represents the contract…