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HILTS v. ROGGIE FARMS, LLC

975 CA 20-01555.

200 A.D.3d 1678 (2021)

155 N.Y.S.3d 856

2021 NY Slip Op 07402

Thomas D. Hilts, Respondent, v. Roggie Farms, LLC, Appellant.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, JAMESVILLE ( LAUREN M. MILLER OF COUNSEL), FOR DEFENDANT-APPELLANT.

KIRWAN LAW FIRM, P.C., SYRACUSE ( TERRY J. KIRWAN, JR. , OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Lindley, Curran and DeJoseph, JJ.

It is hereby ordered that the amended order so appealed from is unanimously reversed on the law without costs and the motion is denied.

Memorandum: Plaintiff commenced this common-law negligence action seeking damages for injuries he allegedly sustained when he slipped on debris covering the floor of the poultry barn in which he was working, causing him to fall into an uncovered industrial fan installed in the barn's wall...

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