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NORTHBAY CONSTRUCTION CO., INC. v. BAUCO CONSTRUCTION CORP.

38 A.D.3d 737 (2007)

832 N.Y.S.2d 280

NORTHBAY CONSTRUCTION CO., INC., Respondent, v. BAUCO CONSTRUCTION CORP. et al., Appellants. (Action No. 1.) AMERICO CRECCO et al., Plaintiffs, v. DOMINICK BAUCO et al., Defendants. (Action No. 2.)

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

Decided March 20, 2007.

Ordered that the interlocutory judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Westchester County, for a new trial, with costs to abide the event.

The plaintiff Northbay Construction Co, Inc. (hereinafter Northbay), commenced action No. 1 against Bauco Construction Corp., Dominick Bauco, Ida Bauco, Robert Bauco, Donna Marie Bauco, and Peter A. Rocchio, as escrow agent, seeking, inter alia, damages for breach of fiduciary duty, an...

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