WEBSTER GOLF CLUB, INC. v. MONROE COUNTY WATER AUTH.

525.1 CA 22-00816.

219 A.D.3d 1136 (2023)

195 N.Y.S.3d 339

2023 NY Slip Op 04280

Webster Golf Club, Inc., et al., Respondents-Appellants, v. Monroe County Water Authority, Appellant-Respondent, and O'Brien & Gere Engineers, Inc., et al., Respondents, et al., Defendants.

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

Decided August 11, 2023.


Attorney(s) appearing for the Case

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE ( DANIEL R. ROSE OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

KNAUF SHAW LLP, ROCHESTER ( AMY K. KENDALL OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.

HARRIS BEACH PLLC, SYRACUSE ( ALLISON B. FIUT OF COUNSEL), FOR DEFENDANT-RESPONDENT O'BRIEN & GERE ENGINEERS, INC.

ADAMS LECLAIR LLP, ROCHESTER ( RICHARD T. BELL OF COUNSEL), FOR DEFENDANT-RESPONDENT LECHASE CONSTRUCTION SERVICES, LLC.

SUGARMAN LAW FIRM, LLP, SYRACUSE ( STEPHEN A. DAVOLI OF COUNSEL), FOR DEFENDANT-RESPONDENT FISHER ASSOCIATES, P.E., L.S., L.A., D.P.C.

Present —Whalen, P.J., Peradotto, Bannister and Montour, JJ.


Appeal and cross-appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (Elena F. Cariola, J.), entered March 29, 2022. The order and judgment, among other things, denied in part and granted in part the motion of defendant Monroe County Water Authority for summary judgment.

It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by granting those parts...

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