Blumenfeld v. Rockville Park Homes, Inc.

In an action to recover damages for breach of a building construction contract, defendant appeals from an order denying its motion to dismiss the complaint pursuant to subdivision 4 of rule 107, and for summary judgment dismissing the complaint and reply to its counterclaim pursuant to rule 113 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. Ho opinion. Holán, P.J., Adel, Wenzel, MaeCrate and Schmidt, JJ., concur. [See post, p. 1057.]