SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
September 28, 2012
BOVIS LEND LEASE LMB, INC., DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered January 3, 2012 in a breach of contract action.
Genesee/Wyoming YMCA v Bovis Lend Lease LMB, Inc.
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 September 28, 2012
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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. ([appeal No. 1] ___ AD3d ___ [Sept. 28, 2012]). Entered: September 28, 2012 Frances E. Cafarell Clerk of the Court
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