MICRO LINK LLC PLAINTIFF APPELLANT v. APPEAL NO (2013)

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

MICRO–LINK, LLC, PLAINTIFF–APPELLANT, v. TOWN OF AMHERST, DEFENDANT–RESPONDENT. (APPEAL NO. 2.)

CA 12–02347

Decided: September 27, 2013

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ.

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.

MEMORANDUM AND ORDER

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] ).

Frances E. Cafarell

Clerk of the Court

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