STANISLAW WEJS v. HEINBOCKEL

2015-03750, Index No. 502604/13.

142 A.D.3d 990 (2016)

37 N.Y.S.3d 569

STANISLAW WEJS, Respondent, v. JOHN EDWARD HEINBOCKEL et al., Appellants, et al., Defendants.

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

Decided September 14, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants John Edward Heinbockel and Kelly Heinbockel which was for summary judgment dismissing the cause of action alleging common-law negligence insofar as asserted against them is granted.

On May 10, 2012, the plaintiff allegedly was injured when a portion of a gazebo which he and other workers were constructing in the backyard of a property...

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