Havens v. Witte

Witte et al., Respondents. [626 NYS2d 930] Order unanimously affirmed without costs. Memorandum: Clarence Havens (plaintiff) was injured when he fell from a ladder while trimming limbs from a tree located on defendants’ property. That property contains defendants’ home and a garage. At the time of plaintiff’s accident, the garage housed antique furniture, as well as repair, refinishing and woodworking equipment and supplies used in connection with defendants’ antique business. The tree limbs that plaintiff was hired by defendants to trim hung over the porch and roof of defendants’ home and…