| City of Buffalo City Sch. Dist. v LPCiminelli, Inc. |
| 2018 NY Slip Op 01831 [159 AD3d 1467] |
| March 16, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| City of Buffalo City School District,
Appellant, v LPCiminelli, Inc., Respondent. (Action No. 1.) LPCiminelli, Inc., Respondent, v City of Buffalo Joint Schools Construction Board et al., Appellants. (Action No. 2.) (Appeal No. 1.) |
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.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered September 9, 2016. The order, among other things, granted in part the motion of defendant-petitioner-plaintiff to dismiss the complaint in action No. 1.
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 Sch. Dist. v LPCiminelli, Inc. ([appeal No. 2] 159 AD3d 1468 [4th Dept 2018]). Present—Whalen, P.J., Smith, Lindley, NeMoyer and Curran, JJ.