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MATTER OF BISON EL. SERV., INC. v. CITY OF BUFFALO

1225.2 CA 19-01323.

193 A.D.3d 1428 (2021)

147 N.Y.S.3d 284

2021 NY Slip Op 02701

In the Matter of Bison Elevator Service, Inc., Respondent, v. City of Buffalo et al., Appellants, et al., Respondent.

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

Decided April 30, 2021.

Attorney(s) appearing for the Case

TIMOTHY A. BALL , CORPORATION COUNSEL, BUFFALO ( DAVID M. LEE OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO ( THOMAS J. GAFFNEY OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Whalen, P.J., Smith, Troutman, Bannister and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating that part of the decretal paragraph ordering respondents-appellants to deduct the damages award from any unpaid invoices from petitioner for February and March 2019 and as modified the judgment is affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the award of an elevator maintenance contract by...

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