Bianchi Industrial Services, LLC v. Village of Malone

Appeal from an order of the Supreme Court (Demarest, J.), entered April 21, 2006 in Franklin County, which denied defendant’s motion for, inter alia, summary judgment dismissing the complaint.

*1000Plaintiff was the low bidder and entered into a contract in August 2003 with defendant to demolish and remove the abandoned and deteriorating Flanagan Hotel, which had been condemned by defendant’s code enforcement officer. The hotel’s owner, with court proceedings looming, had contractually authorized defendant to take any steps necessary to address the public health problems caused by the hotel,…