Flynn v. Timms
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWeiss, P. J.
Cross appeals from an amended order of the Supreme Court (Dier, J.), entered September 10, 1992 in Warren County, which, inter alia, denied a motion by defendant General Accident Insurance Company of New York for summary judgment dismissing the complaint and all cross claims against it.
On August 25, 1989, plaintiffs contracted with defendant Gary Timms for the construction of retaining walls along the east and west boundary lines of their property at Glen Lake in Warren County to facilitate construction of their home. On November 28, 1989, while the walls were being erected, the wall on the…
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