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TIMMANY v. BENKO

532055.

195 A.D.3d 1212 (2021)

150 N.Y.S.3d 142

2021 NY Slip Op 03648

Kathleen A. Timmany, Respondent, v. Richard Benko et al., Defendants, and Michael Bishop et al., Appellants. (Action No. 1.) Virginia Verhoff, Respondent, v. Richard Benko et al., Defendants, and Michael Bishop et al., Appellants. (Action No. 2.).

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

Decided June 10, 2021.

Attorney(s) appearing for the Case

Hite & Beaumont, PC, Albany ( John H. Beaumont of counsel), for appellants.

E. Stewart Jones Hacker Murphy, LLP, Troy ( Mark R. Sonders of counsel), for Kathleen A. Timmany, respondent.

Law Office of Brian W. Devane, Delmar ( Brian W. Devane of counsel), for Virginia Verhoff, respondent.

Egan Jr., J.P., Lynch and Clark, JJ., concur.

In May 2016, during a party hosted by defendants Lori Bishop and Michael Bishop at their home, a portion of the second-story deck collapsed causing serious injuries to plaintiffs Kathleen A. Timmany and Virginia Verhoff who were on the deck at the time of the collapse. Plaintiffs each commenced two separate personal injury actions...

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