WINSTON v. HERNICK


160 A.D.2d 1141 (1990)

Joseph Winston, Respondent, v. Raymond Hernick, Appellant

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

April 19, 1990


Levine, J.

Plaintiff sued defendant to recover for severe burns sustained from hot tar plaintiff was carrying while he was assisting in repairing the roof of defendant's residence. It is true that the factual basis of recovery pleaded in plaintiff's complaint was that he tripped and fell due to a dangerous hole in the roof of defendant's house and that, in plaintiff's examination before trial (hereinafter EBT), he negated any relationship between the...

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