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Decided on February 3, 2010
Supreme Court, Greene County
William C. Matter and JENNIFER MATTER, Plaintiffs,
against
Grande Stone Quarry, LLC, Defendant/Third -Party Plaintiff

WILLIAM C. MATTER and JENNIFER MATTER, Plaintiffs,

against

TROY TOP SOIL CO., INC. and GREGORY GRANDE,
Defendants/Third -Party Plaintiffs -against - ALBERT F. MATTER and
WILLIAM A. MATTER, Third -Party Defendants.







07-0608
O'Connor, O'Connor, Bresee & First, PC Danielle Meyers, Esq. Attorneys for Plaintiffs 20 Corporate Woods Boulevard Albany, New York 12211 Nia Cholakis, Esq. Attorney for Defendants/Third Party Plaintiffs Grande Stone Quarry, LLC, Troy Top Soil Co., Inc., and Gregory Grande 1202 Troy Schenectady Road Building No.3 Latham, New York 12110 Boeggeman, George & Corde, PC Paul A. Hurley, Esq. Attorney for Third Party Defendant Albert F. Matter 39 North Pearl Street, Suite 501 Albany, New York 12207 Corrigan, McCoy & Bush, PLLC Peter Corrigan, Esq. Attorney for Third Party Defendant William A. Matter 220 Columbia Turnpike Rensselaer, New York 12144 Joseph C. Teresi, J.
William C. Matter (hereinafter referred to as "Plaintiff"), and his wife derivatively, commenced these two actions[FN1] seeking to recover for the personal injuries he sustained while operating his all terrain vehicle (hereinafter "ATV"). Issue was joined in both actions by Grande Stone Quarry, LLC, Troy Top Soil Co., Inc., and Gregory Grande (hereinafter collectively referred to as "Defendants"). Defendants, in turn, commenced their Third-Party action against Albert F. Matter (hereinafter "Albert") and William A. Matter (hereinafter "William"). Defendants claim that Albert and William own the land where Plaintiff sustained his injuries, and seek to impose liability on them under such theory. Albert and William joined issue. All discovery is now complete and a trial date certain is set.
Albert, William[FN2] and Grande Stone Quarry, LLC now move for summary judgment [*2]dismissing all claims against them by operation of GOL

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