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EVANS v. SYRACUSE MODEL NEIGHBORHOOD CORP.

CA 07-01553.

2008 NY Slip Op 06262

EDWARD A. EVANS, PLAINTIFF-RESPONDENT, v. SYRACUSE MODEL NEIGHBORHOOD CORP., DEFENDANT-APPELLANT.

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

Decided July 11, 2008.

Attorney(s) appearing for the Case

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (GABRIELLE MARDANY HOPE OF COUNSEL), FOR DEFENDANT-APPELLANT.

KENNY & KENNY, PLLC, SYRACUSE (ERIN K. SKUCE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: SCUDDER, P.J., LUNN, FAHEY, PINE, AND GORSKI, JJ.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting the cross motion in its entirety and dismissing the fourth and fifth causes of action in their entirety and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action to recover damages for injuries he sustained when he fell 20 feet from an aluminum ladder pick to the ground. According to the deposition...

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