McGEE v. VAN ERDEN

1113 CA 09-00558.

66 A.D.3d 1426 (2009)

885 N.Y.S.2d 864

2009 NY Slip Op 6991

AARON M. McGEE et al., Respondents-Appellants, v. DALE H. VAN ERDEN, Individually and as Owner/Operator of VENTURE FARMS, LLC, et al., Appellants-Respondents.

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

Decided October 2, 2009.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Onondaga County, for further proceedings in accordance with the following memorandum: Plaintiffs commenced this Labor Law and common-law negligence action seeking damages for injuries sustained by Aaron M. McGee (plaintiff) when he fell to the ground from the rafters of a barn while installing hurricane clips. The barn was allegedly...

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