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TRAVER v. VALENTE HOMES, INC.

20 A.D.3d 856 (2005)

799 N.Y.S.2d 318

DAVID TRAVER et al., Appellants-Respondents, v. VALENTE HOMES, INC., Respondent-Appellant.

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

July 28, 2005.

Rose, J.

Plaintiff David Traver (hereinafter plaintiff) was employed as a mason to build stone piers under an elevated exterior deck at a home being constructed by defendant, the project's general contractor. To protect the masonry work from an expected rainfall, plaintiff spread a plastic tarpaulin over the open floor joists of the unfinished deck. The next day, as he was attempting to remove pooled rainwater from the plastic...

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