Tower Electric, Inc. v. Madison Third Building Companies, LLC

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Taylor, J.), dated July 3, 2007, which granted the defendant’s cross motion for summary judgment dismissing the complaint and denied, as academic, its motion for summary judgment.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the defendant’s cross motion for summary judgment dismissing the complaint, and substituting therefor a provision denying the cross motion, and (2) by deleting the words “as academic” from the…