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THOMAS v. CLAFFEE

24 A.D.3d 749 (2005)

807 N.Y.S.2d 131

PHILBERT THOMAS, Appellant, v. AUDREY CLAFFEE et al., Defendants and Third-Party Plaintiffs-Respondents. DANIEL CRAWFORD et al., Third-Party Defendants.

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

December 27, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs to the defendants.

The plaintiff, an experienced construction worker, was repairing a leak in the chimney shared by the attached homes owned by the defendants, Audrey Claffee and Hugh C. Henry, and the third-party defendants, Daniel Crawford and Dorrie Crawford. The chimney divided a shared roof between the two homes where the plaintiff was standing while making repairs. After repairing the side...

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