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BROWN v. CONCORD NURSERIES, INC.

CA 07-01817.

2008 NY Slip Op 06043

RICHARD BROWN AND KELLY BROWN, PLAINTIFFS-APPELLANTS, v. CONCORD NURSERIES, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

HURWITZ & FINE, P.C., BUFFALO (MICHAEL F. PERLEY OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

HISCOCK & BARCLAY, LLP, ROCHESTER (JOHN WALLACE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this Labor Law and common-law negligence action seeking damages for injuries sustained by Richard Brown (plaintiff) when he fell from an extension ladder while repairing an overhead garage door on property owned by defendant. On a prior appeal, we affirmed the order denying that part of defendant's motion for summary judgment dismissing the...

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