¶1*1664It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of defendant’s motion for summary judgment dismissing the first cause of action to the extent that it sought consequential damages and as modified the order is affirmed without costs.
¶2Same memorandum as in Utility Servs. Contr. v Monroe County Water Auth. (90 AD3d 1661 [2011]). Present — Fahey, J.E, Peradotto, Lindley, Green and Gorski, JJ.