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KLERSY BUILDING CORPORATION v. HARLEYSVILLE WORCESTER INSURANCE COMPANY

36 A.D.3d 1117 (2007)

828 N.Y.S.2d 661

KLERSY BUILDING CORPORATION, Respondent, v. HARLEYSVILLE WORCESTER INSURANCE COMPANY, Appellant.

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

Decided January 18, 2007.

Lahtinen, J.

Plaintiff is a small, family-run general contractor that has been in business for nearly 50 years and primarily constructs single family homes. On June 16, 2004, Michael Clegg allegedly fell from the second story of a house construction project for which plaintiff was the general contractor. Clegg was an employee of a subcontractor, David C. Donato Carpentry (hereinafter Donato). Although plaintiff's president, Kevin Klersy, received notice of the accident...

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