Ordered that the order is affirmed insofar as appealed from, with costs.
In July 2007, Hugh Assevero (hereinafter the decedent) allegedly was injured when he fell from a ladder while working on a renovation project at a building owned by the defendant. According to the decedent's account, an unsecured extension ladder shifted as he was descending, which caused him to fall from the third floor of the building to the basement.
In December 2008, the decedent...
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