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ALEJANDRO v. RIPORTELLA

250 A.D.2d 556 (1998)

672 N.Y.S.2d 412

Victor Alejandro, Respondent, v. John Riportella et al., Appellants. (And a Third-Party Action.)

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

May 4, 1998

Ordered that the order is affirmed, with costs.

The plaintiff, an employee of Unique Painting, was injured when he fell through an unguarded stairwell while performing remodeling work in a private residence owned by the defendants. The defendants sought leave to amend their answer, asserting that the plaintiff had been their "special employee" at the time of the accident and therefore was precluded from pursuing this action...

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