WALTERS v. ERNEST HANSEN & SON, INC.


73 A.D.2d 618 (1979)

David Walters, Appellant, v. Ernest Hansen & Son, Inc., Defendant and Third-Party Plaintiff-Respondent, and Peter Bensiger, Respondent. Nicholson & Galloway, Third-Party Defendant-Respondent

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

December 10, 1979


Judgment reversed, on the law, and new trial granted as to all parties and causes, with costs to abide the event.

On the testimony presented, a jury could find that the accident occurred because the ladder which plaintiff was descending was not properly constructed and placed, and that the defendants were liable for plaintiff's injuries under section 240 of the Labor Law. It was therefore error for the trial court to dismiss the complaint at the close of the plaintiff...

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