HARRIS v. TESMER BLDRS., INC.

421 CA 20-01481.

197 A.D.3d 911 (2021)

153 N.Y.S.3d 276

2021 NY Slip Op 04824

Steve Harris, Respondent, v. Tesmer Builders, Inc., Appellant, et al., Defendant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( RICHARD T. SARAF OF COUNSEL), FOR DEFENDANT-APPELLANT.

SCOTT R. ORNDOFF , BUFFALO, FOR PLAINTIFF-RESPONDENT.

Present—Carni, J.P., Lindley, NeMoyer, Curran and Bannister, JJ.


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

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he fell from a ladder while working on a construction project. Plaintiff's employer had been hired by Tesmer Builders, Inc. (defendant), the property owner. At the time of the accident, plaintiff was descending a ladder that, as established...

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