Appellate Division of the Supreme Court of the State of New York December 30, 2011, Appeal No. 2 (Utility Services Contracting, Inc. v. Monroe County Water Authority)

*1664It 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 AD3d 1661 [2011]).