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PERRAS EXCAVATING, INC. v. TRANSPORTATION INSURANCE COMPANY

291 A.D.2d 643 (2002)

737 N.Y.S.2d 692

PERRAS EXCAVATING, INC., Respondent, v. TRANSPORTATION INSURANCE COMPANY, Appellant.

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

Decided February 14, 2002.

Mercure, J.

In 1992, Massena Towne Center Associates (hereinafter MTCA) hired plaintiff to perform general contracting services in connection with the development of real property in the Town of Massena, St. Lawrence County. In 1993, a "slope failure" occurred at the site and the resulting landslide caused substantial property damage and deposited a large quantity of soil into the Grasse River abutting the property. Thereafter, MTCA initiated an action in Supreme...

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