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JACK v. WEINER

2018-04778. Index No. 70693/14.

200 A.D.3d 762 (2021)

155 N.Y.S.3d 104

2021 NY Slip Op 06837

Bentley Jack et al., Respondents, v. Adam Weiner et al., Appellants, et al., Defendants.

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

Decided December 8, 2021.

Attorney(s) appearing for the Case

Devitt Spellman Barrett LLP, Smithtown, NY ( John M. Denby , Maggie O'Connor , and Christi M. Kunzig of counsel), for appellants.

Pazer Epstein Jaffe & Fein P.C., New York, NY ( Jason Levine of counsel), for respondents.

Melito & Adolfsen P.C., New York, NY ( Steven I. Lewbel of counsel), for defendant Donald R. Young.

Chambers, J.P., Hinds-Radix, Barros and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Bentley Jack (hereinafter the plaintiff) allegedly was injured on July 18, 2013, when he was installing a new air conditioning unit in the unfinished attic of a house owned by the defendants Adam Weiner and Stephanie Kaplan. The plaintiff was kneeling on a piece of wood placed over a square or rectangular area of the attic where part of a joist had been removed several years earlier...

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