Opinion
Submitted January 5, 2000
February 17, 2000
In an action, inter alia, 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, Westchester County (Rudolph, J.), entered February 8, 1999, as denied its motion for summary judgment dismissing the complaint.
Dean Schnaufer, White Plains, N.Y. (John C. Schnaufer and Peter Metis of counsel), for appellant.
Marcus, Ollman Kommer, New Rochelle, N.Y. (John S. Kommer of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that there are triable issues of fact which preclude the granting of summary judgment (see, CPLR 3212 N.Y.CPLR[b]).