NEW YORK STATE THRUWAY AUTHORITY PLAINTIFF APPELLANT v. KTA TATOR ENGINEERING SERVICES DEFENDANT RESPONDENT

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

NEW YORK STATE THRUWAY AUTHORITY, PLAINTIFF–APPELLANT, v. KTA–TATOR ENGINEERING SERVICES, P.C., DEFENDANT–RESPONDENT.

CA 11–02409

Decided: April 20, 2012

PRESENT:  CENTRA, J.P., PERADOTTO, LINDLEY, AND SCONIERS, JJ. ROACH, BROWN, MCCARTHY & GRUBER, P.C., BUFFALO (SERRA A. AYGUN OF COUNSEL), FOR PLAINTIFF–APPELLANT. PHILLIPS LYTLE LLP, BUFFALO (WILLIAM D. CHRIST OF COUNSEL), FOR DEFENDANT–RESPONDENT.

ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Frances E. Cafarell

Clerk of the Court