AGRISPIN v. 31 EAST 12TH STREET OWNERS, INC.

3456, 13379/04.

77 A.D.3d 562 (2010)

909 N.Y.S.2d 446

BENJAMIN AGRISPIN, Plaintiff, v. 31 EAST 12TH STREET OWNERS, INC., et al., Appellants, and FIONA DUFF, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 26, 2010.


Plaintiff window washer fell while cleaning the outside of a window in Duff's cooperative apartment. He testified that the clip of his safety belt slipped from an anchor post affixed to the facade of the building. It is undisputed that Duff's proprietary lease placed the obligation to maintain the building's structural components on defendants. Contrary to defendants' contention, there is no evidence in the record that raises an issue of fact whether any act or omission by...

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