Thomas v. Claffee

S. Miller, J.P., dissents

and votes to reverse the order insofar as appealed from, deny that branch of the motion which was to dismiss the cause of action alleging common-law negligence, and reinstate that cause of action, with the following memoran*751dum: I do not agree with my colleagues that the defendants established their entitlement to summary judgment dismissing the plaintiffs common-law negligence claims, and thus, I dissent.

The plaintiff was hired by his sister, the third-party defendant Dorrie Crawford, and her neighbors, the defendants, Audrey Claffee and Hugh C. Henry, to repair a…