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SCAFFOLD-RUSS DILWORTH LTD. v. SHARED MANAGEMENT GROUP, LTD.

289 A.D.2d 932 (2001)

734 N.Y.S.2d 764

SCAFFOLD-RUSS DILWORTH LTD., Respondent, v. SHARED MANAGEMENT GROUP, LTD., Doing Business as DIVISION FOUR MASONRY, Also Known as DIVISION 4 MASONRY and DIVISION 4 MASONRY, INC., et al., Defendants, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 21, 2001.

Order unanimously affirmed without costs.

Memorandum:

Plaintiff contracted with Shared Management Group, Ltd., d/b/a Division Four Masonry, a/k/a Division 4 Masonry and Division 4 Masonry, Inc. (Shared Management), to provide labor and materials on a construction project for the Williamsville Central School District. Shared Management changed its name to Division 4 Masonry, Inc. (Division 4), and Division 4 was listed as a subcontractor on the Williamsville...

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