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PILATO v. DIAMOND

209 A.D.2d 393 (1994)

618 N.Y.S.2d 446

Giuseppe Pilato et al., Appellants, v. Julius Diamond et 1., Respondents

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

November 7, 1994

Ordered that the order is affirmed, with costs.

The plaintiffs brought this action against the defendants Julius Diamond and Elsie J. Diamond after the plaintiff Giuseppe Pilato fell and was injured while working on the defendants' property. Mr. Pilato, a landscaper, was pulling a cut vine loose from a tree when it apparently broke, causing him to fall backward and hit his heel on an oil fill pipe protruding 5 to 6 inches above the ground. The plaintiffs contended...

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