Opinion
2011-12-30
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.
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.
Same Memorandum as in Utility Servs. Contr. v. Monroe County Water Auth. [Appeal No. 1], 90 A.D.3d 1661, 936 N.Y.S.2d 445, 2011 WL 6848482 [Dec. 30, 2011].
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.