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FLYNN v. TIMMS

199 A.D.2d 873 (1993)

606 N.Y.S.2d 352

John Flynn et al., Respondents-Appellants, v. Gary Timms, Respondent-Appellant, and General Accident Insurance Company of New York, Appellant-Respondent. (And Another Related Action.)

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

December 30, 1993

Weiss, P. J.

On August 25, 1989, plaintiffs contracted with defendant Gary Timms for the construction of retaining walls along the east and west boundary lines of their property at Glen Lake in Warren County to facilitate construction of their home. On November 28, 1989, while the walls were being erected, the wall on the west side partially collapsed and remains in a dangerous, unstable condition impairing the adjoining property owned by Marcia Smith...

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