Oakgrove Construction, Inc. v. Genesee Valley Nurseries, Inc.

Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered July 20, 2006. The order, insofar as appealed from, upon renewal, adhered to the court’s prior decision.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Plaintiff commenced this action to recover damages for, inter alia, breach of a performance bond concerning a contract to, among other things, plant…