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KENNEDY v. PINE HILL COFFEE

4 Misc.3d 351 (2004)

777 N.Y.S.2d 613

GERALD KENNEDY et al., Plaintiffs, v. PINE HILL COFFEE SERVICE, INC., et al., Defendants.

Supreme Court, Erie County.

May 7, 2004.

Attorney(s) appearing for the Case

Cellino & Barnes, P.C. (Richard J. Barnes and John C. Murrett, Jr., of counsel), for plaintiffs.

Brown & Kelly, LLP (Nicole B. Palmerton of counsel), for defendants.

OPINION OF THE COURT

JOHN P. LANE, J.

This action arises out of an accident that occurred on February 5, 2001. Plaintiff Gerald Kennedy was an employee of Sahlem's Roofing, a commercial roofing contractor, which was engaged in replacing an existing roofing system on a commercial building owned by defendant James DeMarco and occupied by defendant Pine Hill Coffee Services, Inc. James DeMarco was president and chief...

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