BURNS v. MARCELLUS LANES, INC.

1460 CA 18-01037.

169 A.D.3d 1457 (2019)

92 N.Y.S.3d 824

2019 NY Slip Op 00801

Joseph Burns, Respondent, v. Marcellus Lanes, Inc., Appellant.

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

Decided February 1, 2019.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries that he sustained while removing snow and ice from the roof of a building owned by defendant after he fell from the bucket of a backhoe being used to lift him to the roof. Defendant appeals from an order that, inter alia, denied that part of its motion for summary judgment seeking dismissal of the Labor...

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