ORDONEZ v. LEVY


19 A.D.3d 385 (2005)

796 N.Y.S.2d 136

SIMON ORDONEZ, Respondent, v. ALLA LEVY, Also Known as ALLA ISHAY, Appellant.

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

June 6, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff was injured when he fell from a scaffold while performing construction work at a single-family dwelling. According to the plaintiff's testimony, while he was cutting a piece of wooden trim, his power saw accidently struck the brick siding of the home causing him to lose his balance and fall from a scaffold. The plaintiff...

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