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VAN AMEROGEN v. DONNINI

156 A.D.2d 103 (1990)

Herbert Van Amerogen, Jr., et al., Respondents, v. Samuel Donnini et al., Appellants

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

April 26, 1990

Attorney(s) appearing for the Case

Williamson, Clune & Stevens (John H. Hanrahan, III, of counsel), for appellants.

Rosenblum, Sarachan & Ronan (George L. Sarachan of counsel), for respondents.

MAHONEY, P. J., and CASEY, J., concur with MERCURE, J.; KANE and LEVINE, JJ., dissent and vote to affirm in an opinion by LEVINE, J.

MERCURE, J.

Defendant Marsini Donnini purchased a four-bedroom home in the City of Troy, Rensselaer County, in 1970 and has since that time rented the property to college students. In July 1986, her husband, defendant Samuel Donnini, hired plaintiff Herbert Van Amerogen, Jr. (hereinafter plaintiff) to repair a porch roof at the house. While working on the roof, plaintiff slipped and fell to the ground, sustaining...

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