PENN HYDRO, INC. v. B.V.R. CONSTR. CO., INC.

437 CA 22-01626.

218 A.D.3d 1253 (2023)

194 N.Y.S.3d 655

2023 NY Slip Op 04028

Penn Hydro, Inc., Respondent, v. B.V.R. Construction Company, Inc., et al., Appellants.

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

Decided July 28, 2023.


Attorney(s) appearing for the Case

ADAMS LECLAIR LLP, ROCHESTER ( ANTHONY J. ADAMS, JR. , OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BABST CALLAND, PITTSBURGH, PENNSYLVANIA ( DAVID E. WHITE , ADMITTED PRO HAC VICE, OF COUNSEL), AND BARCLAY DAMON LLP, ROCHESTER, FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Lindley, Curran, Bannister and Greenwood, JJ.


Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered October 6, 2022. The order denied the motion of defendants for summary judgment dismissing the amended complaint and for costs and attorney's fees.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, that part of the motion seeking summary judgment dismissing the amended complaint...

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