Auburn Custom Millwork, Inc. v. Schmidt & Schmidt, Inc.

Appeal and cross appeal from an order of the Supreme Court, Cayuga County (Matthew A. Rosenbaum, J.), entered February 25, 2016. The order, among other things, denied in part plaintiff’s motion for summary judgment and denied defendant’s cross motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying plaintiff’s motion in its entirety and vacating the award of damages, and as modified the order is affirmed without costs.

Memorandum: Defendant, a general contractor, entered into a contract with the Town of Charlton (Town) in…