Micro-Link, LLC v Town of Amherst
2013 NY Slip Op 06139 [109 AD3d 1132]
September 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


Micro-Link, LLC, Appellant, v Town of Amherst, Respondent. (Appeal No. 2.)

—[*1] Phillips Nizer LLP, New York City (David A. Pellegrino of counsel), for plaintiff-appellant.

E. Thomas Jones, Town Attorney, Williamsville (Alan P. McCracken of counsel), for defendant-respondent.

Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered March 22, 2012. The judgment awarded defendant money damages.

It is hereby ordered that the judgment so appealed from is unanimously vacated without costs, and the order entered February 8, 2012 is modified on the law by granting plaintiff's amended motion in part and dismissing the counterclaim.

Same memorandum as in Micro-Link, LLC v Town of Amherst (109 AD3d 130 [2013]). Present—Centra, J.P., Fahey, Lindley, Sconiers and Whalen, JJ.