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SMALL v. GUTLEBER, JR.

299 A.D.2d 536 (2002)

751 N.Y.S.2d 49

MARIETTA SMALL, Respondent, v. JOSEPH GUTLEBER, JR., et al., Appellants. (And a Third-Party Action.)

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

Decided November 25, 2002.

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

The plaintiff's decedent, who was employed by the third-party defendant, Bella Casa Roofing Corp., fell from the roof of a brownstone building owned by the defendants while performing roofing work. The plaintiff commenced this action to recover damages for personal injuries and wrongful...

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