COLEY v. OGDEN MEM. HOSP.


107 A.D.2d 67 (1985)

Rosa L. Coley, Appellant, v. Arnot Ogden Memorial Hospital, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 28, 1985


Attorney(s) appearing for the Case

Ziff, Weiermiller, Learned & Hayden (Scott J. Learned of counsel), for appellant.

Sayles, Evans, Brayton, Palmer & Tifft (Edward B. Hoffman of counsel), for respondent.

WEISS, MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.


MAIN, J. P.

Plaintiff was injured during the course of her employment with defendant when a ladder on which she was standing collapsed. Defendant's employees determined that the ladder was unsafe and discarded it. Plaintiff was thereby prevented from discovering the manufacturer or distributor of the ladder and, thus, could not bring an action alleging a defect in the ladder against such parties. As a result...

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