Stein, J.
In September 2001, defendant Michael S. Hayes hired a contractor to excavate the rear portion of his property on Blind Rock Road in the Town of Queensbury, Warren County. In 2003, plaintiff became interested in purchasing property—then owned by a third party—which abuts and adjoins the area where Hayes excavated, in order to create a residential subdivision. Plaintiff ultimately had the land surveyed and discovered that the excavation work...
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