FISHER v. HART


27 A.D.3d 998 (2006)

812 N.Y.S.2d 668

RALPH E. FISHER, Appellant, v. CHARLES HART, Defendant, and RUSSELL MARTIN, Respondent.

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

March 23, 2006.


Spain, J.

In May 2002, plaintiff was injured when he fell while painting a barn on property owned by defendant Charles Hart and his wife, Nancy Hart. Defendant Russell Martin is Nancy Hart's brother. Martin had met plaintiff through a mutual acquaintance and had previously paid plaintiff to paint his home in 2000 and his parents' home in 2001, after which plaintiff requested additional work. In early 2001, Martin agreed to pay plaintiff $1,800 and to give him an old...

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