Micro-Link, LLC v Town of Amherst
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Micro-Link, LLC v Town of Amherst
2013 NY Slip Op 06139
Released on September 27, 2013
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.
Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ.
882 CA 12-02347
[*1]MICRO-LINK, LLC, PLAINTIFF-APPELLANT,
v
TOWN OF AMHERST, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered March 22, 2012. The judgment awarded defendant money damages.
PHILLIPS NIZER LLP, NEW YORK CITY (DAVID A. PELLEGRINO OF COUNSEL), FOR PLAINTIFF-APPELLANT.
E. THOMAS JONES, TOWN ATTORNEY, WILLIAMSVILLE (ALAN P. MCCRACKEN OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from is unanimously vacated without costs, and the order entered February 8, 2012 is modified on the law by granting plaintiff's amended motion in part and dismissing the counterclaim.
Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ.
882 CA 12-02347
[*1]MICRO-LINK, LLC, PLAINTIFF-APPELLANT,
v
TOWN OF AMHERST, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered March 22, 2012. The judgment awarded defendant money damages.
PHILLIPS NIZER LLP, NEW YORK CITY (DAVID A. PELLEGRINO OF COUNSEL), FOR PLAINTIFF-APPELLANT.
E. THOMAS JONES, TOWN ATTORNEY, WILLIAMSVILLE (ALAN P. MCCRACKEN OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from is unanimously vacated without costs, and the order entered February 8, 2012 is modified on the law by granting plaintiff's amended motion in part and dismissing the counterclaim.
Same Memorandum as in Micro-Link, LLC v Town of Amherst ([appeal No. 1] ___ AD3d ___ [Sept. 27, 2013]).
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court
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