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YEARKE v. ZARCONE

57 A.D.2d 457 (1977)

Glenn C. Yearke, Appellant, v. Carl A. Zarcone et al., Respondents Glenn C. Yearke, Appellant, v. Raymond Borowiak, Respondent, et al., Defendant Glenn C. Yearke, Appellant, v. Edward Golby, Respondent, et al., Defendant

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

May 27, 1977

Attorney(s) appearing for the Case

Paul William Beltz, P. C. (Robert Nichols of counsel), for appellant.

Rosen, Yasinow, Roberts, Rich & Carrel (George Rich of counsel), for Carl A. Zarcone and another, respondents.

Watson, McGarvey, Hetzelt & Bennett (Joseph Watson of counsel), for Raymond Borowiak, respondent.

Siegel & Hurwitz (Louis Siegel of counsel), for Edward Golby, respondent.

MOULE, J. P., DILLON, GOLDMAN and WITMER, JJ., concur.

SIMONS, J.

Plaintiff was injured when he fell while descending a short redwood ladder from the deck of defendants Zarcones' backyard swimming pool. The pool was under construction at the time and the ladder was in place but unattached to the pool. The jury found in defendants' favor and in response to a special interrogatory by the court specifically found defendants free of negligence. It may be inferred that...

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