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MORGAN v. JACOBS

CA 09-00730

67 A.D.3d 1363 (2009)

887 N.Y.S.2d 903

2009 NY Slip Op 08287

GLEN MORGAN, Respondent, v. DAVID JACOBS et al., Appellants. KIRST CONSTRUCTION INC., Third-Party Plaintiff, v. H&H ROOFING, INC., Third-Party Defendant-Appellant.

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

Decided November 13, 2009.

It is hereby ordered that the order and judgment insofar as appealed from is unanimously reversed on the law without costs, the motions are granted in their entirety and the amended complaint is dismissed.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained when he attempted to start a roof-cutting machine while employed by third-party defendant on a...

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