FARLEY v. SMITH


172 A.D.2d 800 (1991)

Michael Farley, Respondent, v. James Smith, Appellant, et al., Defendant

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

April 29, 1991


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is against the defendant James Smith, and the action against the remaining defendant is severed.

On October 23, 1983, the plaintiff Michael Farley was injured when he fell from a ladder while removing a limb from a tree located on the property of his brother-in-law, the appellant...

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