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NICHOLS v. BDS LANDSCAPE DESIGN

1438 CA 10-01377.

79 A.D.3d 1690 (2010)

913 N.Y.S.2d 841

DEBORAH NICHOLS, Respondent, v. BDS LANDSCAPE DESIGN et al., Appellants.

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

Decided December 30, 2010.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the special proceeding is converted to an action.

Memorandum: Deborah Nichols was injured in November 2005 when she slipped and fell on ice in an area maintained by BDS Landscape Design (BDS) and William Dobson, III. National Grange Mutual Insurance (National Grange) is the insurance carrier for BDS and Dobson. Nichols successfully filed a workers' compensation...

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