MONTALVO v. MUMPUS RESTORATIONS, INC.

2009-00958

76 A.D.3d 516 (2010)

905 N.Y.S.2d 659

ALBERT GUILBE MONTALVO, Respondent, v. MUMPUS RESTORATIONS, INC., Appellant.

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

Decided August 3, 2010.


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

On May 10, 2003, the plaintiff, a porter at a building in Corona, left the building through a side door and allegedly was struck and injured by a bucket of roofing adhesive that fell from the roof. He commenced this action against the defendant, Mumpus Restorations, Inc. (hereinafter Mumpus), which, several weeks earlier, had repaired a section of the roof. The plaintiff alleged that Mumpus workers...

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