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KICKLER v. DOVE-TREE GREENERY, INC.

2018-13432. Index No. 64341/13.

185 A.D.3d 1017 (2020)

126 N.Y.S.3d 368

2020 NY Slip Op 04297

William Kickler, Appellant, v. Dove-Tree Greenery, Inc., et al., Respondents, et al., Defendants.

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

Decided July 29, 2020.

Ordered the order is affirmed insofar as appealed from, with costs.

The defendants Vito Rastelli and Josephine Rastelli (hereinafter together the Rastellis) hired the defendants Dove-Tree Greenery, Inc., and PA Lupinacci (hereinafter together the contractors) to install a pool in the backyard of their property. After the pool was installed, the contractors were tasked with building a retaining wall and adding fill to level the Rastellis' backyard. For this purpose...

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