Vital Crane Services, Inc. v. Micucci

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered April 16, 2013. The order, among other things, granted in part defendants’ motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion seeking summary judgment dismissing the first cause of action in the amended complaint with respect to 23 of the 47 “at issue” customers and reinstating that cause of action to that extent, and as modified the order is affirmed without costs in accordance with the following…