New York State Thruway Auth. v KTA-Tator Eng'g Servs., P.C.
2012 NY Slip Op 03035 [94 AD3d 1457]
April 20, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


New York State Thruway Authority, Appellant, v KTA-Tator Engineering Services, P.C., Respondent.

—[*1] 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.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), dated April 19, 2011. The order granted the motion of defendant for summary judgment and dismissed the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Lindley and Sconiers, JJ.