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PIERCE v. ARCHER DANIELS MIDLAND, CO.

535529.

221 A.D.3d 1382 (2023)

201 N.Y.S.3d 706

2023 NY Slip Op 06179

Debra D. Pierce, Individually and as Administrator of the Estate of Kenneth Pierce Sr., Deceased, Appellant, v. Archer Daniels Midland, Co., et al., Respondents, et al., Defendants.

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

Decided November 30, 2023.

Attorney(s) appearing for the Case

Napierski, VanDenburgh, Napierski & O'Connor, LLP, Albany ( Thomas J. O'Connor of counsel), for appellant.

Tanenbaum Keale LLP, Newark, New Jersey ( Timothy R. Freeman of counsel), for respondents.

Garry, P.J., Pritzker, Ceresia and Mackey, JJ., concur.

Appeal from an order of the Supreme Court (Henry F. Zwack, J.), entered May 5, 2022, in Columbia County, which granted a motion by defendants Archer Daniels Midland, Co. and ADM Milling, Co. to dismiss, among other things, the complaint.

In January 2020, decedent was fatally injured in a grain elevator during the...

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