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McELROY v. BERNSTEIN

2009-04022

72 A.D.3d 757 (2010)

898 N.Y.S.2d 471

THOMAS M. McELROY, Appellant, v. GAIL BERNSTEIN et al., Respondents.

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

Decided April 13, 2010.

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

In December 2005, the plaintiff allegedly was injured at his place of employment, an indoor lumberyard (hereinafter the premises), when, as he was climbing a raised wooden rack in which lumber was stored, a crosspiece snapped, causing him to fall, first to a catwalk, and then to the ground. The plaintiff commenced this action against, among others,...

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