Appellate Division of the Supreme Court of the State of New York June 19, 2000 (Capitol Building Corp. v. Petsco & Son)

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (O’Connell, J.), dated November 8, 1999, which denied its motion for summary judgment on the complaint against the defendant Amwest Surety Insurance Company, and, in effect, granted the defendants’ cross motion to vacate a judgment of the same court, dated