Opinion
2013-09-27
MICRO–LINK, LLC, Plaintiff–Appellant, v. TOWN OF AMHERST, Defendant–Respondent. (Appeal No. 2.)
Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered March 22, 2012. The judgment awarded defendant money damages. *909Phillips 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.
*909Phillips 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.
Same Memorandum as in Micro–Link, LLC v. Town of Amherst ( [Appeal No. 1] 109 A.D.3d 1130, ––– N.Y.S.2d ––––, 2013 WL 5394363 [Sept. 27, 2013] ).
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.