CAPTANIAN v. SCHRAMM


33 A.D.3d 834 (2006)

823 N.Y.S.2d 217

GRANT CAPTANIAN, Appellant, v. ANGELA SCHRAMM, Defendant and Third-Party Plaintiff-Respondent. EUGENE DELAKIS, Third-Party Defendant-Respondent.

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

Decided October 24, 2006.


Ordered that the judgments are affirmed, with one bill of costs.

The plaintiff helped the defendant and the third-party defendant remove a large limb from a tree on the defendant's premises. After a small section of the limb was removed, the plaintiff partially severed the remaining segment with a chainsaw. Each of the parties then threw a rope across the limb and, in unison, attempted to pull it down. However, in order to acquire additional leverage, the plaintiff...

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