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SENECA PIPE & PAVING CO., INC. v. SOUTH SENECA CENTRAL SCHOOL DISTRICT

CA 10-01952.

83 A.D.3d 1540 (2011)

921 N.Y.S.2d 752

SENECA PIPE & PAVING CO., INC., Appellant, v. SOUTH SENECA CENTRAL SCHOOL DISTRICT et al., Defendants, and FREDERICO CONSTRUCTION COMPANY, Respondent. (Appeal No. 1.).

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

Decided April 29, 2011.

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

Memorandum: Plaintiff commenced this action seeking damages arising from the alleged breach by defendant Frederico Construction Company (Frederico) of its agreement with plaintiff, pursuant to which plaintiff was to remove concrete supports and debris from a hole in which certain buried storage tanks had been removed from a construction site, fill in the hole, and grade the...

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