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TRALA v. EGLOFF

258 A.D.2d 924 (1999)

685 N.Y.S.2d 552

DAVID TRALA, Appellant, v. LOUIS EGLOFF et al., Respondents and Third-Party Plaintiffs. PATRICK LAWLER et al., Doing Business as TWO GUYS HOME MAINTENANCE, Third-Party Defendants-Respondents. (Action No. 1.) TIMOTHY SWARTHOUT, Appellant, v. LOUIS EGLOFF et al., Respondents and Third-Party Plaintiffs. PATRICK LAWLER et al., Third-Party Defendants-Respondents. (Action No. 2.)

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

Decided February 10, 1999.

Order unanimously reversed on the law without costs and motions granted.

Memorandum:

On November 29, 1995, plaintiffs were performing work on the roof of a two-story brick dwelling owned by defendants. Plaintiffs were standing on the roof when it collapsed. They fell to the floor of the second story and portions of the roof fell on them. Defendants had purchased the building, and had leased the two apartments in it. When the upper apartment was damaged by...

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