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HILGREEN v. POLLARD EXCAVATING, INC.

No. 531037.

193 A.D.3d 1134 (2021)

146 N.Y.S.3d 323

2021 NY Slip Op 02031

Matthew Hilgreen, Plaintiff, v. Pollard Excavating, Inc., et al., Defendants, and John J. Pollard III et al., Individually and Doing Business as the Homefront Café, Defendants and Third-Party Plaintiffs-Respondents; Central Mutual Insurance Company, Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Albany ( Michael C. Cannata of counsel), for third-party defendant-appellant.

E. Stewart Jones Hacker Murphy, Troy ( James E. Hacker of counsel), for defendants and third-party plaintiffs-respondents.

Aarons and Reynolds Fitzgerald, JJ., concur.

In June 2016, plaintiff allegedly sustained personal injuries when he fell while descending an exterior staircase outside of his apartment located at 196 Main Street in the Village of Altamont, Albany County. Plaintiff thereafter commenced this negligence action against defendants John J. Pollard III and Clinda Pollard (hereinafter...

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