Appellate Division of the Supreme Court of the State of New York September 28, 2012, Appeal No. 2 (Genesee/Wyoming YMCA v. Bovis Lend Lease LMB, Inc.)

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered January 3, 2012 in a breach of contract action. The order denied the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion of Bovis Lend Lease LMB, Inc.