Mirasola v. Advanced Capital Group, Inc.

In an action to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Weber, J.), dated November 20, 2008, as denied those branches of its cross motion which were for summary judgment dismissing the complaint and for summary judgment on its first counterclaim alleging breach of contract, and the plaintiff cross-appeals, as limited by his brief, from so much of the same order as denied that branch of his motion which was for summary judgment on the complaint.

Ordered that the order is modified, on…