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UTILITY SERVICES CONTRACTING, INC. v. MONROE COUNTY WATER AUTHORITY

CA 11-01068.

90 A.D.3d 1663 (2011)

937 N.Y.S.2d 903

2011 NY Slip Op 9726

UTILITY SERVICES CONTRACTING, INC., Respondent-Appellant, v. MONROE COUNTY WATER AUTHORITY, Appellant-Respondent. (Appeal No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2011.

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. (90 A.D.3d 1661

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