ERTEL v. MILBRAND


295 A.D.2d 962 (2002)

743 N.Y.S.2d 349

BRUCE ERTEL et al., Appellants, v. NORMAN MILBRAND et al., Respondents.

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

Decided June 14, 2002.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action to recover damages for injuries sustained by plaintiff Bruce Ertel while removing construction debris from residential property owned by defendants in the Town of Amherst. Supreme Court properly granted defendants' motion for summary judgment dismissing the complaint. "`[A]n owner does not owe a duty...

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