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PHILADELPHIA v. GENESEE VAL.

41 A.D.3d 44 (2007)

834 N.Y.S.2d 802

PHILADELPHIA INDEMNITY INSURANCE COMPANY, Appellant, v. GENESEE VALLEY IMPROVEMENT CORP., Respondent, et al., Defendant.

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

April 20, 2007.

Attorney(s) appearing for the Case

Marshall Conway & Wright, P.C., New York City (Christopher T. Bradley of counsel), for appellant.

Culley, Marks, Tanenbaum & Pezzulo, LLP, Rochester (Frank G. Montemalo of counsel), for respondent.

CENTRA, J.P., PERADOTTO and PINE, JJ., concur.

OPINION OF THE COURT

LUNN, J.

On September 24, 2001, defendant Richard Burke was injured when he fell approximately 20 feet to the ground from the roof of a two-story building owned by defendant Genesee Valley Improvement Corp. (GVIC). The building is located on Schuyler Street in Belmont, New York, and it housed the administrative offices of Allegany County Community Opportunities and Rural Development Corporation (ACCORD), GVIC's parent corporation. At...

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