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BUCKLEY v. 18 E. MAIN ST., LLC

532736.

199 A.D.3d 1283 (2021)

158 N.Y.S.3d 354

2021 NY Slip Op 06592

Kathy Buckley, Appellant, v. 18 East Main Street, LLC, et al., Defendants, and Monroe Mechanical Services, Inc., Respondent.

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

Decided November 24, 2021.

Attorney(s) appearing for the Case

Abdella & Sise, LLP, Gloversville ( Robert Abdella of counsel), for appellant.

Goldberg Segalla, LLP, Albany ( Meghan M. Brown of counsel), for Monroe Mechanical Services, Inc., respondent.

Egan Jr., J.P., Clark, Aarons and Reynolds Fitzgerald, JJ., concur.

In June 2017, plaintiff was walking home along the sidewalk next to a gas station when she stepped on a stone, fell and twisted her ankle. On the day of the fall, defendant Monroe Mechanical Services, Inc. (hereinafter defendant) had been performing an ongoing excavation contract to remove old gas tanks and install new ones, which involved...

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