71 A.D.2d 647 | N.Y. App. Div. | 1979
—In an action to recover damages for breach of contract, the parties cross-appeal from an order of the Supreme Court, Westchester County, entered June 28, 1978, which (1) granted that branch of the defendant’s motion which sought dismissal of the complaint, (2) denied that branch of the defendant’s motion which sought confirmation of the architect’s decision, (3) remanded the plaintiff’s claims to the architect for a de novo determination, after a hearing, and (4) made no disposition of plaintiff’s cross motion for leave to serve an amended complaint. Order modified by deleting the provisions thereof which granted that branch of the defendant’s motion which sought to dismiss the complaint and remanded the plaintiff’s claims to the architect for a de novo determination