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VILLANUEVA v. PROFESSIONAL ENVIRONMENTAL SYSTEMS, INC.

49 A.D.3d 526 (2008)

855 N.Y.S.2d 152

RAFAEL VILLANUEVA et al., Respondents, v. PROFESSIONAL ENVIRONMENTAL SYSTEMS, INC., Appellant.

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

Decided March 4, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The injured plaintiff allegedly was struck by a sheet of loose plywood while inspecting the roof of his employer's building. Pursuant to a contract with the injured plaintiff's employer, the defendant had been replacing heating, ventilation, and air conditioning units on the roof of the building, and it had left various materials, including plywood, on the roof of the building. The injured plaintiff...

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