SCHULZ v. ESPOSITO


210 A.D.2d 307 (1994)

619 N.Y.S.2d 774

Walter Schulz, Jr., et al., Appellants, v. Anthony Esposito et al., Defendants and Third-Party Plaintiffs-Appellants. Raymond Servidio, Inc., Third-Party Defendant-Respondent

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

December 12, 1994


Ordered that the order is reversed, on the law, with costs payable by the respondent J.M. #4 Construction, Inc., the motion for summary judgment is denied, and the complaint and cross claims are reinstated insofar as asserted against J.M. #4 Construction, Inc.

The plaintiff was injured when he fell off a roof while doing tarpapering work. The house was owned by the defendant Anthony Esposito, who had hired the codefendant J.M. #4 Construction, Inc., to be the general...

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