PHOENIX ASSET MANAGEMENT, LLC, RESPONDENT-ap, v. X & Y GROUP DEVELOPMENT, LLC APPELLANTS-res

PHOENIX ASSET MANAGEMENT, LLC, RESPONDENT-ap, v. X & Y GROUP DEVELOPMENT, LLC APPELLANTS-res — (INDEX NO. 14562/10)In an action to recover damages for breach of contract, the defendants appeal, as limited by their notice of appeal and brief, from (1) so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered January 8, 2014, as denied that branch of their motion which was for summary judgment dismissing the cause of action to recover damages in the sum of $250,000 for an alleged breach of paragraph 2(b) of the parties' contract, and granted that branch of the plaintiff's cross motion which was for summary judgment on the cause of action to recover damages in the sum of $500,000 for an alleged breach of paragraph 2(a) of the parties' contract, and (2) a judgment of the same court entered October 23, 2014, which, upon the order, is in favor of the plaintiff and against them in the total sum of $694,140, and the plaintiff cross-appeals, as limited by its notice of cross appeal and by its letter dated April 10, 2015, (1) from so much of the same order as directed that interest on the $500,000 award be computed only from July 30, 2010, and (2) on the ground of inadequacy, from so much of the same judgment as, upon so much of the order as directed that interest on the $500,000 award be computed only from July 30, 2010, awarded interest computed only from July 30, 2010, in the sum of only $193,375. The notices of appeal and cross appeal from the order entered January 8, 2014, are deemed also to be notices of appeal and cross appeal from the judgment entered October 23, 2014 (see CPLR 5501[c]).

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PHOENIX ASSET MANAGEMENT, LLC, RESPONDENT-ap, v. X & Y GROUP DEVELOPMENT, LLC APPELLANTS-res — (INDEX NO. 14562/10)In an action to recover damages for breach of contract, the defendants appeal, as limited by their notice of appeal and brief, from (1) so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered January 8, 2014, as denied that branch of their motion which was for summary judgment dismissing the cause of action to recover damages in the sum of $250,000 for an alleged breach of paragraph 2(b) of the parties’ contract, and granted that branch of the plaintiff’s cross motion which was for summary judgment on the cause of action to recover damages in the sum of $500,000 for an alleged breach of paragraph 2(a) of the parties’ contract, and (2) a judgment of the same court entered October 23, 2014, which, upon the order, is in favor of the plaintiff and against them in the total sum of $694,140, and the plaintiff cross-appeals, as limited by its notice of cross appeal and by its letter dated April 10, 2015, (1) from so much of the same order as directed that interest on the $500,000 award be computed only from July 30, 2010, and (2) on the ground of inadequacy, from so much of the same judgment as, upon so much of the order as directed that interest on the $500,000 award be computed only from July 30, 2010, awarded interest computed only from July 30, 2010, in the sum of only $193,375. The notices of appeal and cross appeal from the order entered January 8, 2014, are deemed also to be notices of appeal and cross appeal from the judgment entered October 23, 2014 (see CPLR 5501[c]).

ORDERED that the appeal and cross appeal from the order are dismissed, without costs or disbursements; and it is further,

PHOENIX ASSET MANAGEMENT, LLC, RESPONDENT-ap, v. X & Y GROUP DEVELOPMENT, LLC APPELLANTS-res

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