American Tower Asset Sub, LLC v. Buffalo-Lake Erie Wireless Systems Co.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered June 25, 2012. The order denied plaintiffs’ motion for partial summary judgment and granted defendant’s cross motion for partial summary judgment on liability on its second counterclaim.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the cross motion is denied, the motion is granted and the second counterclaim is dismissed.

Memorandum: Plaintiffs commenced this action seeking damages for, inter alia, breach of contract. In its amended answer, defendant…