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KELLEHER v. FIRST PRESBYTERIAN CHURCH OF LOCKPORT

158 A.D.2d 946 (1990)

Robert E. Kelleher et al., Respondents-Appellants, v. First Presbyterian Church of Lockport et al., Appellants-Respondents Robert E. Kelleher et al., Respondents-Appellants, v. C.F. Wolcott Excavating, Inc., Appellant-Respondent Clyde F. Wolcott, Third-Party Plaintiff-Appellant-Respondent, v. J.W. Criswell, Inc., Third-Party Defendant-Appellant-Respondent

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

February 2, 1990

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Plaintiff Robert Kelleher, a journeyman plumber employed by third-party defendant J.W. Criswell, Inc., was injured in March 1984 when the wall of a ditch in which he was working caved in. Defendant Kenan Center, Inc. leased the property where the accident occurred from defendant First Presbyterian Church of Lockport. When an underground pipe became clogged...

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