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VARGAS v. LAMBERTI

2017-13347. Index No. 150856/15.

186 A.D.3d 1572 (2020)

131 N.Y.S.3d 66

2020 NY Slip Op 05082

Angel Vargas, Respondent, v. Jacqueline E. Lamberti et al., Appellants.

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

Decided September 23, 2020.

Ordered that the order is affirmed, with costs.

On May 29, 2015, the plaintiff, an experienced HVAC technician, went to the home of the defendants to perform routine maintenance on two air conditioning units in their unfinished attic. While working in the attic, the plaintiff allegedly grabbed a board measuring 2 inches by 4 inches that ran vertically from the roof to a wooden joist. The board shifted, causing the plaintiff to lose his balance and, in an area of the...

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