NICHOLAS v. PHILLIPS

2015-08761. Index No. 703215/13.

151 A.D.3d 731 (2017)

2017 NY Slip Op 04448

54 N.Y.S.3d 675

WAYNE NICHOLAS, Appellant, v. CHERYL PHILLIPS, Respondent.

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

Decided June 7, 2017.


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

The plaintiff allegedly fell from a ladder and was injured while attempting to perform some roofing repairs on a two-family residence owned by the defendant. It is undisputed that the defendant lived on the first floor of the home with her son, and rented out the upper floor of the home to tenants. The plaintiff commenced this action pursuant to Labor Law § 240 (1) to recover damages for...

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