KOLAKOWSKI v. FEENEY


204 A.D.2d 693 (1994)

612 N.Y.S.2d 243

John Kolakowski et al., Respondents, v. Myles Feeney, Appellant, et al., Defendants

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

May 31, 1994


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 asserted against the appellant, and the action against the remaining defendants is severed.

The appellant, by oral agreement, hired Michael Cerbone to perform framing and roofing on a house owned by him in Centereach, New York. Cerbone hired the plaintiff John Kolakowski to assist in the roofing. The plaintiff John...

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