Genesee/Wyoming YMCA v Bovis Lend Lease LMB, Inc.
2012 NY Slip Op 06408 [98 AD3d 1246]
September 28, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2012


Genesee/Wyoming YMCA, Respondent, v Bovis Lend Lease LMB, Inc., Appellant. (Appeal No. 2.)

—[*1] Hancock Estabrook, LLP, Syracuse (John G. Powers of counsel), for defendant-appellant.

Damon Morey LLP, Buffalo (Brian D. Gwitt of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered January 3, 2012 in a breach of contract action. The order denied the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion of Bovis Lend Lease LMB, Inc. for summary judgment dismissing the second cause of action in the complaint and as modified the order is affirmed without costs.

Same memorandum as in Genesee/Wyoming YMCA v Bovis Lend Lease LMB, Inc., 98 AD3d 1242 [2012]). Present—Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.