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OSTROWSKI v. MASSA

168 A.D.2d 964 (1990)

Charles Ostrowski et al., Respondents, v. Dominick P. Massa, Appellant

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

December 21, 1990

Order unanimously affirmed without costs.

Memorandum:

Plaintiff, Charles Ostrowski, seeks damages for personal injuries that he allegedly sustained when a portion of the concrete back porch collapsed at premises that he rented from defendant. Testimony at an examination before trial revealed that, approximately one year prior to the accident, defendant performed work, using a jackhammer, on concrete steps immediately...

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