Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered March 30, 2012.
Charter Sch. for Applied Tech. v Board of Educ. for City Sch. Dist. of City of Buffalo
Released on April 26, 2013
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.
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
The judgment awarded plaintiffs the sum of $6,873,646.91 against defendant.
It is hereby ORDERED that the judgment so appealed from is unanimously vacated without costs, the amended order entered March 5, 2012 is modified on the law by denying those parts of plaintiffs' motion with respect to the first and second causes of action in their entirety and by granting defendant summary judgment dismissing the first cause of action, and as modified the amended order is affirmed and the matter is remitted to Supreme Court, Erie County, for a trial on the issue of liability.
Same Memorandum as in Charter School for Applied Tech. v Board of Educ. for City School Dist. of City of Buffalo ([appeal No. 1] ___ AD3d ___ [Apr. 26, 2013]).
Frances E. Cafarell Clerk of the Court
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