Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff fell from the roof of a house, an investment property owned by the defendant, while in the process of cutting and removing a 50-to-60-foot-tall tree with a 3½-to-4-foot diameter that had fallen on the house during Hurricane Irene. The defendant had hired the plaintiff and the plaintiff's nephew to remove the tree, which had caused structural damage to the roof of the house...
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