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Rhino Recovery INc. v. Rizzuto

No Evidence Found Release Authorized Plaintiff to Perform AdditionalServices for Defendant

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DECISION & ORDER

*1 Consolidated appeal from orders of the District Court of Suffolk County, Third District (James F. Matthews, J.), dated February 11, 2016 and April 21, 2016, respectively. The order dated February 11, 2016 granted defendant’s motion for summary judgment dismissing the complaint. The order dated April 21, 2016 denied plaintiff’s motion to disqualify Judge Matthews, and for leave to reargue and renew its opposition to defendant’s motion for summary judgment.PER CURIAMORDERED that so much of the appeal as is from the portion of the order dated April 21, 2016 that denied the branch of plaintiff’s motion seeking leave to reargue its opposition to defendant’s motion for summary judgment is dismissed; and it is further,ORDERED that the order dated February 11, 2016, and the order dated April 21, 2016 insofar as reviewed, are affirmed, without costs.Plaintiff commenced this breach of contract action to recover the principal sum of $12,898.68 for cleanup work it had performed on property allegedly owned by the State of New York, for which, plaintiff claimed, defendant was responsible as a result of defendant’s one-car accident. After issue was joined and discovery conducted, defendant moved for summary judgment dismissing the complaint.

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