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KILMETIS v. CREATIVE POOL AND SPA, INC.

2009-05871.

74 A.D.3d 1289 (2010)

904 N.Y.S.2d 495

ANDREW KILMETIS, Appellant, v. CREATIVE POOL AND SPA, INC., Respondent.

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

Decided June 29, 2010.

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

The plaintiff was an employee of Complete Construction Alternatives, Inc. (hereinafter Complete Construction), when, on October 3, 2006, he was instructed to finish the siding on some dormers on the roof of a garage of the subject home. The plaintiff fell from a scaffold attached to the roof of the garage and sustained injuries. The plaintiff commenced...

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