Utility Servs. Contr., Inc. v Monroe County Water Auth.
2011 NY Slip Op 09726 [90 AD3d 1663]
December 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


Utility Services Contracting, Inc., Respondent-Appellant,
v
Monroe County Water Authority, Appellant-Respondent. (Appeal No. 2.)

—[*1] 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.

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. (90 AD3d 1661 [2011]). Present—Fahey, J.P., Peradotto, Lindley, Green and Gorski, JJ.