Carpinello, J.
On October 4, 1997, defendant, a contractor, was installing siding on a residential job site when his brother, plaintiff Melvin H. Smith (hereinafter plaintiff), dropped by to visit, as was commonplace for these parties. On this particular occasion, the two were attempting to talk while defendant was working at the top of a scaffold estimated to be between 22 and 28 feet off the ground. With conversation impossible, defendant motioned for plaintiff...
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