| CFI Constr., Inc. v Central Sq. Cent. School Dist. |
| 2006 NY Slip Op 08573 [34 AD3d 1356] |
| November 17, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| CFI Construction, Inc., Respondent, v Central Square Central School District, Appellant. (Appeal No. 2.) |
—[*1]Appeal from an order of the Supreme Court, Oswego County (James W. McCarthy, A.J.), entered December 30, 2005. The order denied that part of defendant's motion for summary judgment dismissing the first cause of action.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Same memorandum as in CFI Constr., Inc. v Central Sq. Cent. School Dist. (34 AD3d 1354 [2006]). Present—Scudder, J.P., Kehoe, Martoche and Green, JJ.