RYBA v. ALMEIDA


27 A.D.3d 718 (2006)

815 N.Y.S.2d 623

ARTUR RYBA, Respondent, v. JOAQUIM ALMEIDA et al., Defendants, PERAL REALTY CORP., Appellant, and ROCHRIS REAL ESTATE CORP. et al., Respondents. (And a Third-Party Action.)

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

March 28, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

This action arises as a result of the plaintiff's fall from a scaffold on May 17, 2003 while he was applying stucco to an exterior wall of a single-family house which was under construction. The property...

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