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KILCER v. NIAGARA MOHAWK POWER CORPORATION

511380.

86 A.D.3d 682 (2011)

926 N.Y.S.2d 224

2011 NY Slip Op 5838

JOSEPH KILCER et al., Respondents, v. NIAGARA MOHAWK POWER CORPORATION et al., Respondents-Appellants, and BLASLAND, BOUCK & LEE, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant. EARTH TECH, INC., Third-Party Defendant-Appellant-Respondent.

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

Decided July 7, 2011.

McCARTHY, J.

Plaintiff Joseph Kilcer (hereinafter plaintiff) was employed by third-party defendant at a hazardous waste remediation site owned by defendant Niagara Mohawk Power Corporation. Plaintiff also served for over 40 years as a volunteer firefighter with a local fire department, and for eight years as a fire investigator with the Columbia County Cause and Origin Team (hereinafter CCCOT). One day after investigating a fire scene where he was exposed to smoke...

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