Appellate Division of the Supreme Court of New York, 1996

Town of Hempstead v. Lizza Industries, Inc.

Appellate Division of the Supreme Court of New York · Decided October 28, 1996

232 A.D.2d 628; 648 N.Y.S.2d 988; 1996 N.Y. App. Div. LEXIS 11339

Cases that cite this one

1 later published case cites this decision.

82-90 Broadway Realty Corp. v. New York Supermarket, Inc. (Appellate Division of the Supreme Court of New York 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action, inter alia, to recover damages for breach of contract, *629the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated October 17, 1995, as, upon renewal, adhered to its original determination granting the plaintiffs motion for summary judgment on the issue of liability and denying the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to raise a triable issue of fact (see, CPLR 3212 [b]). The affidavit prepared by the defendant’s engineering expert Robert Samson failed to address the plaintiffs cause of action sounding in breach of contract. We have reviewed the defendant’s remaining contentions and find them to be without merit. Mangano, P. J., O’Brien, Pizzuto, Goldstein and Luciano, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.