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GANGER v. CIMATO

CA 07-02586.

2008 NY Slip Op 06032

SCOTT M. GANGER, PLAINTIFF-RESPONDENT, v. ANTHONY CIMATO/ACP PARTNERSHIP, ANTHONY CIMATO, CARMELO CIMATO, PASQUALE CIMATO, CIMATO BROS. CONSTRUCTION, INC., CIMATO BROS. DEVELOPMENT, EUGENE JASON, DOING BUSINESS AS BIG G ROOFING COMPANY, DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 3, 2008.

Attorney(s) appearing for the Case

LAW OFFICES OF DOUGLAS COPPOLA, BUFFALO (PATRICIA S. WALKER OF COUNSEL), FOR DEFENDANTS-APPELLANTS ANTHONY CIMATO/ACP PARTNERSHIP, ANTHONY CIMATO, CARMELO CIMATO, PASQUALE CIMATO, CIMATO BROS. CONSTRUCTION, INC., AND CIMATO BROS. DEVELOPMENT.

OSBORN, REED & BURKE, LLP, ROCHESTER (L. DAMIEN COSTANZA OF COUNSEL), FOR DEFENDANT-APPELLANT EUGENE JASON, DOING BUSINESS AS BIG G ROOFING COMPANY.

PERLA & PERLA, LLP, BUFFALO (JEFFREY A. PERLA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: HURLBUTT, J.P., LUNN, FAHEY, PERADOTTO, AND PINE, JJ.

It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained while installing roofing on a home under construction. Plaintiff fell through a skylight hole that had been covered over with roofing felt, and he fell approximately 15 to 17 feet to the floor. Plaintiff moved for, inter alia, partial summary...

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