Appellate Division of the Supreme Court of the State of New York July 7, 2011 (Kilcer v. Niagara Mohawk Power Corp.)

McCarthy, 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).