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BLUE HERON CONSTRUCTION, LLC v. FIBERGLASS STRUCTURES & TANK CO., INC.

49 A.D.3d 1225 (2008)

852 N.Y.S.2d 899

BLUE HERON CONSTRUCTION, LLC, Respondent, v. FIBERGLASS STRUCTURES & TANK CO., INC., Doing Business as FST, et al., Respondents, and HOWARD ROBSON, INC., Appellant, et al., Defendant.

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

Decided March 14, 2008.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this interpleader action seeking a determination of the rights of defendants with respect to funds being held by plaintiff as payment for the work of defendant Fiberglass Structures & Tank Co., Inc., doing business as FST (FST), on a public improvement project. Plaintiff was the general contractor on the project, and it subcontracted...

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