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SIMMS v. ELM RIDGE ASSOCIATES

259 A.D.2d 538 (1999)

686 N.Y.S.2d 469

VINTON SIMMS, Respondent, v. ELM RIDGE ASSOCIATES et al., Appellants, and C & R CHEROKEE CONSTRUCTION, INC., et al., Defendants.

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

Decided March 8, 1999.

Ordered that the order is affirmed, with costs.

The plaintiff was delivering a combination clothes washerdryer weighing several hundred pounds which was to be installed in a condominium unit being constructed by the appellants. He slipped and fell, allegedly on some threaded metal rods strewn about the floor of the unit, thereby injuring himself.

Contrary to the appellants' contention, the delivery of the appliance...

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