UTILITY SERVICES CONTRACTING INC PLAINTIFF RESPONDENT APPELLANT v. APPEAL NO (2011)

Supreme Court, Appellate Division, Fourth Department, New York.

UTILITY SERVICES CONTRACTING, INC., PLAINTIFF–RESPONDENT -APPELLANT, v. MONROE COUNTY WATER AUTHORITY, DEFENDANT–APPELLANT -RESPONDENT. (APPEAL NO. 2.)

CA 11–01068

Decided: December 30, 2011

PRESENT: FAHEY, J.P., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ.

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.

MEMORANDUM AND ORDER

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.

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] ).

Frances E. Cafarell

Clerk of the Court

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