Legal Opinion

Hyer v. Fuller

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 2013Published

1Opinion of the CourtGarry, J.

Appeal from an order of the Supreme Court (Rumsey, J.), entered May 25, 2012 in Cortland County, which denied defendant’s motion for summary judgment dismissing the complaint.

*1236Plaintiff was hired to paint the metal roof on defendant’s house. In the course of painting the roof on the front porch, he fell to the ground and was injured. Plaintiff commenced this negligence action against defendant seeking damages for the injuries he sustained as a result of the fall. Following joinder of issue and the completion of some discovery, defendant moved for summary judgment dismissing the complaint.…

2Cases cited11 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Basso v. MillerNew York Court of Appeals · 1976
  3. Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
  4. D'Amico v. ChristieNew York Court of Appeals · 1987
  5. Vega v. Restani Construction Corp.New York Court of Appeals · 2012

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