SMITH v. WISCH


77 A.D.2d 619 (1980)

Patricia A. Smith, as Administratrix, Appellant, v. Robert Wisch et al., Respondents. (And Other Actions.)

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

July 21, 1980


Judgment affirmed, without costs or disbursements.

Plaintiff's intestate, Robert Smith, was employed as a roofer and, on the day he sustained his fatal injuries, was engaged in repair work which placed him upon a second story sun deck of the home defendants Gary and Ilene Eder had purchased the day before the accident. The sun deck was bordered by a fence or railing with an upper and lower crosspiece. During the morning Smith and his co-worker had ascended to and...

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