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GOING v. TOOMEY

2009-11297.

81 A.D.3d 688 (2011)

916 N.Y.S.2d 224

DIANE GOING et al., Respondents, v. JOHN W. TOOMEY III et al., Appellants, and T. BERESOFF CONSTRUCTION, LLC, Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided February 8, 2011.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff's decedent allegedly sustained serious injuries and ultimately died after falling from the roof of premises owned by the defendant Theodora C. Toomey Trust (hereinafter the Trust). At the time of the accident, the plaintiff's decedent was completing roofing work as part of a renovation of the premises, which, the record...

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