Plaintiff's argument that paragraph 10 of the parties' agreement, "Warranty/Limitation of Liability," unambiguously precludes defendant from recovering damages for lost profits on any potential claim was rejected in a prior order, from which no appeal was taken, in which the motion court found the provision ambiguous as to whether the limitation of liability was limited to breach of warranty or applied to any cause of action, and the issue may not be relitigated (Glynwill...
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