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BCI CONSTR., INC. v. BOARD OF EDUC., WASHINGTONVILLE CENT. SCH. DIST.

2019-11254. Index No. 1470/19.

203 A.D.3d 794 (2022)

164 N.Y.S.3d 632

2022 NY Slip Op 01436

BCI Construction, Inc., Respondent, v. Board of Education, Washingtonville Central School District, Appellant.

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

Decided March 9, 2022.

Attorney(s) appearing for the Case

John E. Osborn, P.C., New York, NY ( Daniel H. Crow of counsel), for appellant.

Ernstrom & Dreste LLP, Rochester, NY ( Todd R. Braggins and Matthew D. Holmes of counsel), for respondent.

Barros, J.P., Chambers, Zayas and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action, inter alia, to recover damages for breach of a construction contract for the renovation of an elementary school within the Washingtonville Central School District. In its first cause of action, the plaintiff alleged that the defendant, or its agents or representatives, "impeded, interfered with and delayed" the plaintiff's work, "made excessive and untimely...

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