EWING v. BRUNNER INTERNATIONAL, INC.


60 A.D.3d 1323 (2009)

875 N.Y.S.2d 388

HAROLD E. EWING, SR., Appellant, v. BRUNNER INTERNATIONAL, INC., et al., Respondents.

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

Decided March 20, 2009.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the first affirmative defense of defendant Brunner International, Inc. is dismissed.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained when a portion of the flat concrete roof on which he was standing collapsed, causing him to fall. We agree with plaintiff that Supreme...

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