Appellate Division of the Supreme Court of the State of New York April 21, 1997 (Fumarelli v. Marsam Development, Inc.)

—In an action to recover damages, inter alia, for breach of contract, the defendant appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Westchester County (DiBlasi, J.), entered April 17, 1996, as denied that branch of its motion which was for summary judgment dismissing the causes of action to recover damages for breach of contract.