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HOLOCEK v. RICH NOWAK CONSTRUCTION CO., INC.

259 A.D.2d 466 (1999)

686 N.Y.S.2d 80

FRANK HOLOCEK, Respondent-Appellant, v. RICH NOWAK CONSTRUCTION CO., INC., et al., Respondents, and JOHN LYNN, Appellant-Respondent.

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

Decided March 1, 1999.

Ordered that the order is affirmed insofar as appealed and cross-appealed from; and it is further,

Ordered that the defendant Rich Nowak Construction Co., Inc., is awarded one bill of costs.

The plaintiff, Frank Holocek, allegedly sustained personal injuries when a wooden plank fell from an upper story at a construction site and struck him in the head. The defendant John Lynn moved for summary judgment, contending that as the owner of the single-family home...

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