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GONZALEZ v. WOODBOURNE ARBORETUM, INC.

2011-08936.

100 A.D.3d 694 (2012)

954 N.Y.S.2d 113

HAROLD M. GONZALEZ, Appellant-Respondent, v. WOODBOURNE ARBORETUM, INC., et al., Respondents-Appellants, et al., Defendant.

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

November 14, 2012.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

In June 2005, the decedent, Ciro A. Mata, was employed by nonparty Leonard Litwin to perform landscaping work on property owned by Litwin and property owned by the defendant Woodbourne Arboretum, Inc. (hereinafter the Arboretum), a corporation of which Litwin was president. On June 28, 2005, an employee of the...

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