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Utility Services Contracting, Inc., Plaintiff-Respondent-Appellant v. Monroe County Water Authority

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2011

UTILITY SERVICES CONTRACTING, INC., PLAINTIFF-RESPONDENT-APPELLANT,
v.
MONROE COUNTY WATER AUTHORITY, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 2.)

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.

Utility Servs. Contr., Inc. v Monroe County Water Auth.

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 30, 2011

PRESENT: FAHEY, J.P., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ.

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. ([appeal No. 1] ___ AD3d ___ [Dec. 30, 2011]).

Entered: December 30, 2011

Frances E. Cafarell Clerk of the Court

20111230

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