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KELLY v. CANINO

156 A.D.2d 948 (1989)

James Kelly, Appellant, v. Robert Canino, Doing Business as Marantha Construction Company, Defendant, and Angelo D'Angelo et al., Individually and Doing Business as New York Pizza, Respondents

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

December 20, 1989

Judgment unanimously modified on the law and as modified affirmed with costs to defendants D'Angelo and Rosa and new trial granted, in accordance with the following memorandum:

Plaintiff went to a construction site to seek counsel and comfort from his religious pastor, defendant Canino, who was also a contractor. Canino was rehabilitating apartments owned by defendants Rosa and D'Angelo. As plaintiff and Canino were descending a flight of

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