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MASSACHUSETTS BAY INS. CO. v. PENDLETON

159 A.D.2d 770 (1990)

Massachusetts Bay Insurance Company, Appellant-Respondent, v. John L. Pendleton, Doing Business as North-Eastern Sewer Builders, et al., Respondents-Appellants, and James T. Kennedy et al., Individually and as Administrators of The Estate of James W. Kennedy, Deceased, Respondents

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

March 1, 1990

Weiss, J.

On September 25, 1985 James W. Kennedy (hereinafter decedent), an employee of defendant John L. Pendleton, was killed while working on sewer pipe installations in the course of his employment when a trench in which he was working at a construction site in the Town of Colonie, Albany County, caved in. Defendants James T. Kennedy and Thelma R. Kennedy, as the administrators of decedent's estate (hereinafter collectively referred to as the administrators...

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