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FULLER v. SPIESZ

CA 07-02626.

2008 NY Slip Op 06060

PATRICK G. FULLER, PLAINTIFF-RESPONDENT-APPELLANT, v. PHILIP R. SPIESZ AND MARGARET SPIESZ, DEFENDANTS-APPELLANTS-RESPONDENTS.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

BURGIO, KITA & CURVIN, BUFFALO (WILLIAM J. KITA OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.

CAPLAN & CAPLAN, P.C., ALBANY (MURRAY N. CAPLAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

PRESENT: CENTRA, J.P., LUNN, FAHEY, PERADOTTO, AND GORSKI, JJ.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting the cross motion in part and dismissing the Labor Law § 240 (1) and § 241 (6) causes of action and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained when he fell while installing a metal roof on defendants' property. Supreme Court properly...

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