Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff allegedly sustained injury in the process of removing duct work at premises owned by the defendant Garten Foods, doing business as Barefoot Contessa (hereinafter Garten Foods). According to the plaintiff, the accident occurred while he was standing on a ladder and using a tool called a sawsall to cut into the duct. The ladder was positioned so that the plaintiff's face was level...
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