CITY OF BUFFALO CITY SCHOOL DISTRICT PLAINTIFF APPELLANT v. LPCIMINELLI INC DEFENDANT RESPONDENT (2018)

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

CITY OF BUFFALO CITY SCHOOL DISTRICT, PLAINTIFF–APPELLANT, v. LPCIMINELLI, INC., DEFENDANT–RESPONDENT.
LPCIMINELLI, INC., PETITIONER- PLAINTIFF–RESPONDENT, v. CITY OF BUFFALO JOINT SCHOOLS CONSTRUCTION BOARD AND CITY OF BUFFALO CITY SCHOOL DISTRICT, RESPONDENTS- DEFENDANTS–APPELLANTS. (APPEAL NO. 1.)

CA 17–00175

Decided: March 16, 2018

PRESENT: WHALEN, P.J., SMITH, LINDLEY, NEMOYER, AND CURRAN, JJ.

HARTER SECREST & EMERY LLP, BUFFALO (JOHN G. HORN OF COUNSEL), FOR PLAINTIFF–APPELLANT AND RESPONDENTS–DEFENDANTS–APPELLANTS. HODGSON RUSS LLP, BUFFALO (BENJAMIN M. ZUFFRANIERI, JR., OF COUNSEL), FOR DEFENDANT–RESPONDENT AND PETITIONER–PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

(ACTION NO. 1.)

(ACTION NO. 2.)

It is hereby ORDERED that the order so appealed from is modified on the law by vacating the third ordering paragraph and as modified the order is affirmed without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same memorandum as in City of Buffalo City School District v LPCiminelli, Inc. ( [appeal No. 2]—AD3d—[Mar. 16, 2018] [4th Dept 2018] ).

Mark W. Bennett

Clerk of the Court

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