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SMITH v. TAYLOR

279 A.D.2d 566 (2001)

719 N.Y.S.2d 686

KENNETH SMITH et al., Respondents, v. PAUL K. TAYLOR, Appellant.

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

Decided January 22, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The injured plaintiff, Kenneth Smith (hereinafter the plaintiff), voluntarily agreed to help the defendant's son remove a tree from the defendant's property. The plaintiff brought his own ladder and chainsaw to the defendant's property. The plaintiff climbed his ladder and proceeded to cut a branch that he...

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