Utility Servs. Contr., Inc. v Monroe County Water Auth.
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Utility Servs. Contr., Inc. v Monroe County Water Auth.
2011 NY Slip Op 09726
Decided on December 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 30, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: FAHEY, J.P., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ.
1372 CA 11-01068
[*1]UTILITY SERVICES CONTRACTING, INC., PLAINTIFF-RESPONDENT-APPELLANT,
v
MONROE COUNTY WATER AUTHORITY, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 2.)
Appeal and cross appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered January 4, 2011 in a breach of contract action. The order, among other things, granted the motion of defendant for leave to reargue and upon reargument adhered to its prior ruling on defendant's motion for summary judgment.
HARTER SECREST & EMERY LLP, ROCHESTER (F. PAUL GREENE OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
MURA & STORM, PLLC, BUFFALO (ERIC T. BORON OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting that part of defendant's motion for summary judgment dismissing the first cause of action to the extent that it sought consequential damages and as modified the order is affirmed without costs.
Decided on December 30, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: FAHEY, J.P., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ.
1372 CA 11-01068
[*1]UTILITY SERVICES CONTRACTING, INC., PLAINTIFF-RESPONDENT-APPELLANT,
v
MONROE COUNTY WATER AUTHORITY, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 2.)
Appeal and cross appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered January 4, 2011 in a breach of contract action. The order, among other things, granted the motion of defendant for leave to reargue and upon reargument adhered to its prior ruling on defendant's motion for summary judgment.
HARTER SECREST & EMERY LLP, ROCHESTER (F. PAUL GREENE OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
MURA & STORM, PLLC, BUFFALO (ERIC T. BORON OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting that part of defendant's motion for summary judgment dismissing the first cause of action to the extent that it sought consequential damages and as modified the order is affirmed without costs.
Same Memorandum as in Utility Servs. Contr. v Monroe County Water Auth. ([appeal No. 1] ___ AD3d ___ [Dec. 30, 2011]).
Entered: December 30, 2011
Frances E. Cafarell
Clerk of the Court
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