Balport Construction Co. v. A. J. Orlando Contracting Co.

In an action, inter alia, to recover damages for breach of contract, defendant appeals from stated portions of an order of the Supreme Court, Westchester County, dated July 27, 1977, which, inter alia, denied its motion for summary judgment as to the first cause of action asserted in the complaint. Order affirmed insofar as appealed from, with $50 costs and disbursements. Issues of fact exist which may be resolved only after a trial. Damiani, J. P., Suozzi, Rabin and Shapiro, JJ., concur.