Appellate Division of the Supreme Court of the State of New York September 6, 2007 (Fahs Rolston Paving Corp. v. County of Chemung)

Rose, J.

Cross appeals from an order of the Supreme Court (Mulvey, J.), entered April 6, 2006 in Chemung County, which, inter alia, partially denied defendant’s motion for summary judgment dismissing the complaint.

Pursuant to a written contract with defendant, plaintiff agreed to reconstruct taxiways and runways at the Elmira/ Corning Regional Airport.