Morby v. Di Siena Associates, LPA
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeal from an order of the Supreme Court (Williams, J.), entered March 29, 2001 in Saratoga County, which, inter alia, granted plaintiffs motion to set aside a release and strike defendants’ second affirmative defense.
On October 12, 1998, while repairing the roof of a commercial building owned by defendant Di Siena Associates, LPA and located at 131 Round Lake Avenue in the City of Mechanicville, Saratoga County, plaintiff fell off a ladder sustaining personal injuries. Nine months later, after the repair work had been *605completed and while the parties were engaged in discussions about payment…
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