FERNANDEZ v. BRANDER


84 A.D.2d 546 (1981)

Francisco Fernandez et al., Appellants, v. Henrietta Brander, Defendant and Third-Party Plaintiff-Respondent. Paco Painting Incorporated, Third-Party Defendant-Respondent

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

October 13, 1981


Judgment reversed, on the law, and new trial granted as to all parties and causes, with costs to abide the event.

Francisco Fernandez (hereafter plaintiff) was injured when he fell from a ladder while attempting to paint the trim of a window on premises owned by defendant, Henrietta Brander. Plaintiff was an employee and shareholder of Paco Painting, Inc., which Mrs. Brander had hired to paint her house. At one point in his labor, plaintiff stretched out to reach...

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