Appellate Division of the Supreme Court of the State of New York July 5, 2006 (Jupiter Environmental Services, Inc. v. Graystone Construction Corp.)

*389In an action to recover damages, inter alia, in quantum meruit, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Warshawsky, J.), dated August 2, 2004, which, upon (1) an order of the same court dated February 2, 2004, among other things, granting those branches of the defendant’s motion which were for summary judgment dismissing the plaintiffs second and third