BELLOFATTO v. FRENGS


246 A.D.2d 566 (1998)

668 N.Y.S.2d 210

James Bellofatto, Respondent, v. John Frengs et al., Defendants and Third-Party Plaintiffs-Appellants. Barbara Garemore, Doing Business as Trico, Third-Party Defendant-Appellant

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

January 20, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the plaintiff, the motions are granted, and the complaint and the third-party complaint are dismissed.

The plaintiff was a laborer employed by the third-party defendant to work on the home of the defendants third-party plaintiffs, John and Holly Frengs. The plaintiff's job required him to make several trips to the basement of that home, which had a low ceiling...

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