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KENNERSON v. LaBARBERA

No. 06-CV-6212L.

536 F.Supp.2d 305 (2008)

Shannon KENNERSON, doing business as Kennerson Lawn & Landscaping Associates, Plaintiff, v. Vincenzo LaBARBERA, Individually, also known as Vince LaBarbera, doing business as LaBarbera Excavating, doing business as Vincenzo LaBarbera, also known as Vincent LaBarbera, et al., Defendants.

United States District Court, W.D. New York.

March 12, 2008.

Attorney(s) appearing for the Case

Steven Bachmann Dietz, Lorenzo & Cohen, Buffalo, NY, for Plaintiff.

Theodore M. Baum, Ernstrom & Dreste, LLP, Rochester, NY, Frederick D. Turner, Brown & Kelly, LLP, Buffalo, NY, Edwarn F. Premo, II, Harter, Secrest and Emery, LLP, Rochester, NY, Wendy J. Kisch, U.S. Department of Justice, Washington, DC, John J. Field, U.S. Attorney's Office, Rochester, NY, Richard M. Balletta, Office of the Attorney General, New York City, David W. Robinson, Harter, Secrest & Emery LLP, Rochester, NY, Frederick D. Turner, Brown & Kelly, LLP, Buffalo, NY, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Vincenzo LaBarbera, a/k/a Vincent LaBarbera, individually and d/b/a LaBarbera Excavating and LaBar Enterprises of Rochester, Inc., (hereinafter "LaBarbera") was the general contractor on a construction project for the Monroe County Water Authority ("Water Authority"). Plaintiff, Shannon Kennerson, d/b/a Kennerson Lawn & Landscaping Associates ("Kennerson") was engaged by LaBarbera as a subcontractor...

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