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Tatis v McNamara 2012 NY Slip Op 31966(U) July 9, 2012 Supreme Court, Queens County Docket Number: 22949/2010 Judge: David Elliot Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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Short Form Order NEW YORK SUPREME COURT - QUEENS COUNTY

Present: HONORABLE

DAVID ELLIOT Justice

IAS Part 14

MIGUEL ANGEL TATIS, Plaintiff, - against KEVIN MCNAMARA, et al., Defendants.

Index No. 22949 Motion Date June 5, Motion Cal. No. 22 Motion Seq. No. 1

2010

2012

The following papers numbered 1 to 9 read on this motion by defendants for an order granting them summary judgment dismissing plaintiff's complaint. Papers Numbered Notice of Motion - Affirmation - Exhibits....................................... Answering Affirmation - Exhibits................................................... Reply Affirmation............................................................................ 1-4 5-7 8-9

This is an action to recover damages for personal injuries alleged to have been sustained by plaintiff, on May 31, 2010, after he fell from a six-foot A-frame ladder while painting a balcony attached to the home located at 26-02 24th Street, Astoria, New York. Defendant Joseph Losada and Blanch Losada are trustees of a trust which owns the home, and defendant Blanch McNamara, their daughter, lives there "rent-free" with her husband, defendant Kevin McNamara. Plaintiff alleges violations of Labor Law

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