Kilcer v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
Plaintiff Joseph Kilcer (hereinafter plaintiff) was employed by third-party defendant at a hazardous waste remediation site owned by defendant Niagara Mohawk Power Corporation. Plaintiff also served for over 40 years as a volunteer firefighter with a local fire department, and for eight years as a fire investigator with the Columbia County Cause and Origin Team (hereinafter CCCOT). One day after investigating a fire scene where he was exposed to smoke for several hours, plaintiff began experiencing memory loss and disorientation, and was later diagnosed as having a decrease in brain function…
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