CLEAN EARTH OF NORTH JERSEY, INC., ap, v. NORTHCOAST MAINTENANCE CORP., DOING BUSINESS AS J. BARWICK LANDSCAPE & SITE DEVELOPER RESPONDENTS def

CLEAN EARTH OF NORTH JERSEY, INC., ap, v. NORTHCOAST MAINTENANCE CORP., DOING BUSINESS AS J. BARWICK LANDSCAPE & SITE DEVELOPER RESPONDENTS def — (INDEX NO. 601202/12)In an action, inter alia, to recover damages for breach of contract, on an account stated, and on a payment bond, the plaintiff appeals, as limited by its brief, from (1) so much of an order of the Supreme Court, Nassau County (Jaeger, J.), dated August 21, 2013, as denied those branches of its motion which were for summary judgment on the causes of action to recover damages for breach of contract, on an account stated, and on the payment bond, and (2) so much of an order of the same court entered January 8, 2014, as granted the motion of the defendant Colonial Surety Company for leave to reargue its opposition to that branch of the plaintiff's motion which was for summary judgment on the cause of action to recover on the payment bond and, thereupon, deemed its opposition to be a cross application for summary judgment dismissing the complaint insofar as asserted against it and granted the cross application.

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CLEAN EARTH OF NORTH JERSEY, INC., ap, v. NORTHCOAST MAINTENANCE CORP., DOING BUSINESS AS J. BARWICK LANDSCAPE & SITE DEVELOPER RESPONDENTS def — (INDEX NO. 601202/12)In an action, inter alia, to recover damages for breach of contract, on an account stated, and on a payment bond, the plaintiff appeals, as limited by its brief, from (1) so much of an order of the Supreme Court, Nassau County (Jaeger, J.), dated August 21, 2013, as denied those branches of its motion which were for summary judgment on the causes of action to recover damages for breach of contract, on an account stated, and on the payment bond, and (2) so much of an order of the same court entered January 8, 2014, as granted the motion of the defendant Colonial Surety Company for leave to reargue its opposition to that branch of the plaintiff’s motion which was for summary judgment on the cause of action to recover on the payment bond and, thereupon, deemed its opposition to be a cross application for summary judgment dismissing the complaint insofar as asserted against it and granted the cross application.

ORDERED that the appeal from so much of the order dated August 21, 2013, as denied that branch of the plaintiff’s motion which was for summary judgment on the cause of action to recover on the payment bond is dismissed, as that portion of the order was superseded by the order entered January 8, 2014; and it is further,

CLEAN EARTH OF NORTH JERSEY, INC., ap, v. NORTHCOAST MAINTENANCE CORP., DOING BUSINESS AS J. BARWICK LANDSCAPE & SITE DEVELOPER RESPONDENTS def

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