DiPizio Construction Co. v. Erie Canal Harbor Development Corp.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered November 1, 2013. The order granted the motion of plaintiff-petitioner for partial summary judgment and denied the cross motion of defendant-respondent for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, plaintiff-petitioner’s motion is denied, defendant-respondent’s cross motion is granted and the fourth and sixth causes of action are dismissed.

Memorandum: Plaintiff-petitioner, DiPizio Construction Company, Inc. (DiPizio),…