IRIZARRY v. HELLER

2011-09078.

95 A.D.3d 951 (2012)

943 N.Y.S.2d 606

2012 NY Slip Op 3601

NEFTALI IRIZARRY, Respondent, v. LISA HELLER, Appellant.

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

Decided May 8, 2012.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The plaintiff alleges that on October 19, 2006, he was injured when he fell through an unguarded hole while performing demolition construction work at premises owned by the defendant in Brooklyn. The plaintiff commenced the instant action against the defendant, interposing a single cause of action based on common-law negligence...

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