ALVER v. DUARTE


80 A.D.2d 182 (1981)

Theodore Alver, Appellant, v. John Duarte et al., Respondents

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

May 7, 1981


Attorney(s) appearing for the Case

Appelbaum & Eisenberg (Joel R. Appelbaum of counsel), for appellant.

McCann, Rider, Drake, Weiner, Sommers & Loeb, P. C. (Joseph A. Catania, Jr., of counsel), for respondents.

SWEENEY, J. P., KANE, MAIN and MIKOLL, JJ., concur.


YESAWICH, JR., J.

Plaintiff, a retired carpenter, was injured in 1977 when he fell from a porch roof while assisting in the construction of a house belonging to the defendants, his daughter and son-in-law. At the time of the incident he was working voluntarily and without pay. In an action to recover for the personal injuries he sustained he contends that since he was "lawfully frequenting" the construction site he was entitled to the protection afforded...

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