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HILGREEN v. POLLARD EXCAVATING, INC.

534185.

210 A.D.3d 1344 (2022)

179 N.Y.S.3d 405

2022 NY Slip Op 06669

Matthew Hilgreen, Plaintiff, v. Pollard Excavating, Inc., et al., Defendants, and Wendy Pollard, as Administrator of the Estate of John J. Pollard III, et al., 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 November 23, 2022.

Attorney(s) appearing for the Case

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

E. Stewart Jones Hacker Murphy, LLP, Troy ( Thomas J. Higgs of counsel), for third-party plaintiffs-respondents.

Clark, Pritzker, Reynolds Fitzgerald and Ceresia, JJ., concur.

Appeal from an order of the Supreme Court (Christina L. Ryba, J.), entered September 15, 2021, in Albany County, which, among other things, denied a motion by third-party defendant Central Mutual Insurance Company to dismiss the third amended third-party complaint.

As set forth in our prior decision in this matter (193 A.D...

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