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SANTOS v. DEANCO SERVS., INC.

2014-10016, Index No. 5927/09.

142 A.D.3d 137 (2016)

35 N.Y.S.3d 686

JUAN SANTOS, Respondent, v. DEANCO SERVICES, INC., Appellant, et al., Defendant. DEANCO SERVICES, INC., Third-Party Plaintiff, v. BTN EXCAVATING SERVICES, INC., Third-Party Defendant.

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

Decided July 13, 2016.

Attorney(s) appearing for the Case

Kornfeld, Rew, Newman & Simeone, Suffern ( William S. Badura of counsel), for appellant.

Neimark & Neimark LLP, New City ( Ira H. Lapp and George G. Coffinas of counsel), for respondent.

DICKERSON, COHEN and DUFFY, JJ., concur.

OPINION OF THE COURT

We are called upon to determine, for the first time in this judicial department, whether a snow removal contractor may be found liable in a personal injury action under Espinal v Melville Snow Contrs. (98 N.Y.2d 136 [2002]) on the ground that the snow removal...

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