JONES v. JAY P. TOVEY CO., INC.

875 CA 17-00150.

151 A.D.3d 1875 (2017)

2017 NY Slip Op 05017

54 N.Y.S.3d 353

STEPHEN J. JONES et al., Respondents, v. JAY P. TOVEY CO., INC., Appellant. JAY P. TOVEY CO., INC., Third-Party Plaintiff, v. STEPHEN J. JONES CONTRACTING, INC., et al., Third-Party Defendants.

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

Decided June 16, 2017.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the cross motion is denied without prejudice.

Memorandum: Stephen J. Jones (plaintiff), an employee and owner of third-party defendant Stephen J. Jones Contracting, Inc., fell from a ladder while working on a single-family home. Plaintiff and his wife thereafter commenced this Labor Law and common-law negligence action against, inter alia, defendant-third-party...

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