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CHAITOVITZ v. LEWIS

222 A.D.2d 392 (1995)

634 N.Y.S.2d 727

James Chaitovitz, Appellant, v. Paul S. Lewis et al., Defendants and Third-Party Plaintiffs-Respondents. Tom Seigfried Plumbing & Heating Corp., Third-Party Defendant

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

December 4, 1995

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the aforementioned branch of the plaintiff's motion is granted, and the matter is remitted to the Supreme Court, Suffolk County, for a trial on the issue of damages.

The uncontroverted evidence at trial established that the plaintiff was injured when the ladder upon which he was standing suddenly collapsed, causing the plaintiff to fall...

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