TOWN OF HEMPSTEAD v. LIZZA INDUSTRIES, INC

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to raise a triable issue of fact ( see, CPLR 3212 [b]). The affidavit prepared by the defendant's engineering expert Robert Samson failed to address the plaintiffs cause of action sounding in breach of contract. We have reviewed the defendant's remaining contentions and find them to be without merit.