GITTINS v. BARBARIA CONSTRUCTION CORP.

2009-08716.

74 A.D.3d 744 (2010)

902 N.Y.S.2d 613

RYAN GITTINS, Respondent, v. BARBARIA CONSTRUCTION CORP. et al., Respondents, and DANNY LEVY, Appellant.

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

Decided June 1, 2010.


Ordered that the order is reversed, on the law, with one bill of costs, and the motion of the defendant Danny Levy for summary judgment dismissing the complaint and all cross claims insofar as asserted against him is granted.

The plaintiff allegedly was injured in the course of his employment as a carpenter at the home of the defendant Danny Levy (hereinafter the homeowner). The plaintiff was performing framing work on the third floor of the structure, which did not...

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