FERMO v. MFRS. TRUST CO.


15 A.D.2d 814 (1962)

Joseph Fermo, Appellant, v. Manufacturers Trust Co., Respondent

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

February 26, 1962


Judgment reversed on the law and the facts, and a new trial granted, with costs to abide the event.

Plaintiff, an employee of the subcontractor, testified that while installing air-conditioning ducts on the ceiling of defendant's bank at Havemeyer Street in Brooklyn, on Saturday, May 25, 1957, the ladder which he had brought from his employer's shop became unsteady. He asked the only bank employee present, one Frank Fornino, who was employed by defendant as a "receptionist...

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