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STARDIAL COMMUNICATIONS CORP. v. TURNER CONSTRUCTION COMPANY

305 A.D.2d 126 (2003)

757 N.Y.S.2d 749

STARDIAL COMMUNICATIONS CORP., Respondent-Appellant, v. TURNER CONSTRUCTION COMPANY, Appellant-Respondent, et al., Defendants.

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

Decided May 1, 2003.

"[I]t is undisputedly the rule that one who frustrates another's performance cannot hold that party in breach" (Water St. Dev. Corp. v City of New York, 220 A.D.2d 289, 290 [1995], lv denied 88 N.Y.2d 809 [1996]). Here, the deposition testimony of plaintiff's principal raises questions of fact as to whether defendant Turner interfered with plaintiff's access to the work site so as to hinder plaintiff's ability to perform the...

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