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FAZIO MASONRY, INC. v. BARRY, BETTE & LED DUKE, INC.

23 A.D.3d 748 (2005)

803 N.Y.S.2d 729

FAZIO MASONRY, INC., et al., Respondents, v. BARRY, BETTE & LED DUKE, INC., et al., Appellants.

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

November 3, 2005.

Kane, J.

Plaintiff Fazio Masonry, Inc. (hereinafter plaintiff) entered into a subcontract with defendants to perform masonry work for a project at Skidmore College in the City of Saratoga Springs, Saratoga County. Following delays in the project, on January 2, 2001, plaintiff commenced this action for damages alleging, among other things, that defendants interfered with its ability to perform the required work by harassing...

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