AMEROGEN v. DONNINI


78 N.Y.2d 880 (1991)

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

Court of Appeals of the State of New York.

Decided June 6, 1991.


Attorney(s) appearing for the Case

George L. Sarachan and Robert M. Cohen for appellants.

John H. Hanrahan, 3d, for respondents.

Judges SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum; Judge BELLACOSA dissents and votes to affirm in an opinion in which Chief Judge WACHTLER and Judge HANCOCK, JR., concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendants' motion for summary judgment denied.

Plaintiff was injured when he fell from a porch roof of a four-bedroom house. He had been hired to repair the roof by defendant Samuel Donnini, whose wife, Marsini Donnini, owned the property. She had purchased it in 1970 and since that time continuously used the house solely for rental...

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