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BARNES v. SAM BURT HOUSES, INC.

2015-05242, Index No. 19262/12.

140 A.D.3d 997 (2016)

35 N.Y.S.3d 169

2016 NY Slip Op 04897

ARTHUR BARNES, Respondent, v. SAM BURT HOUSES, INC., Appellant.

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

Decided June 22, 2016.

Ordered that the judgment is reversed, on the law, with costs, the defendant's motion pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability is granted, and the complaint is dismissed.

The plaintiff allegedly sustained personal injuries when he fell from an A-frame ladder inside the defendant's apartment building. At trial, the plaintiff, a resident of the building, testified that he was walking...

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