Appellate Division of the Supreme Court of the State of New York November 30, 1992 (Fleetwood Paving, Inc. v. Consolidated Edison Co. of New York, Inc.)

In an action to recover damages for breach of contract, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Donovan, J.), entered October 26, 1989, which granted the defendant’s motion for partial summary judgment and dismissed the fifth cause of action asserted in the complaint, and (2) an order of the same court, entered March 15, 1990, which dismissed the