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VAN EPPS v. TOWN OF VERONA

305 A.D.2d 1035 (2003)

758 N.Y.S.2d 751

DEAN A. VAN EPPS et al., Plaintiffs, v. TOWN OF VERONA, Defendant, and UNIQUE DESIGN & DEVELOPMENT, INC., Respondent. TOWN OF VERONA, Third-Party Plaintiff, v. JOSEPH WOOD, Third-Party Defendant-Appellant. (Appeal No. 2.)

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

Decided May 2, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied and the award is vacated.

Memorandum:

Plaintiffs commenced this action to recover damages for injuries sustained by Dean A. Van Epps (plaintiff) when he allegedly fell while installing flashing on the roof of an addition to the Town Hall owned by defendant-third-party plaintiff, Town of Verona (Town). The Town commenced...

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