Nicholas v. Phillips
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Dufficy, J.), dated September 3, 2015, as granted the defendant’s cross motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff allegedly fell from a ladder and was injured while attempting to perform some roofing repairs on a two-family residence owned by the defendant. It is undisputed that the defendant lived on the first floor of the home with…
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