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NILL v. GACO WESTERN, LLC

2020-05107. Index No. 602078/18.

203 A.D.3d 1173 (2022)

163 N.Y.S.3d 432

2022 NY Slip Op 02131

Lance D. Nill, Appellant, v. Gaco Western, LLC, et al., Defendants, and ACR Management & Construction et al., Respondents. (And a Third-Party Action.).

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

Decided March 30, 2022.

Attorney(s) appearing for the Case

Richard Todd Hunter, Sagaponack, NY, for appellant.

Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP, Saint James, NY (James J. Herz of counsel), for respondents.

Barros, J.P., Rivera, Wooten and Dowling, JJ., concur.

Ordered that the order is affirmed, with costs.

In February 2016, Gary Nill (hereinafter the decedent) died from lung cancer attributable to the inhalation of silica. In March 2018, Lance D. Nill, as administrator of the decedent's estate (hereinafter the plaintiff), commenced this action, inter alia, to recover damages for personal injuries and wrongful death, alleging, among other things, that the decedent was not provided...

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