M & T Bank v. Sailor

In an action to recover damages for breach of contract and unjust enrichment, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (McCormack, J.), dated June 29, 2013, as denied those branches of its motion which were, in effect, for summary judgment on the issues of liability and damages.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff’s motion which was, in effect, for summary judgment on the issue of liability, and substituting therefor a provision granting that branch of the motion; as so…