Robert J. Amendola v. Basement Waterproofing Co‪.‬

DECISION & ORDER In an action to recover damages for, inter alia, breach of contract, the defendants appeal from so much
of an order of the Supreme Court, Nassau County (Hart, J.), dated April 2, 1992, as, inter alia, (1) denied their motion to
dismiss the plaintiff's first, second, and third causes of action and (2) found that the clause limiting damages is unconscionable. Ordered that the order is modified by deleting the provision thereof denying the branch of the defendants' motion which is
to dismiss the second and third causes of action and substituting therefore a provision granting the motion with respect to
the second and third causes of action; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.