RUSSIN v. PICCIANO


78 A.D.2d 467 (1981)

George Russin et al., Appellants, v. Louis N. Picciano & Son et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. Village of Endicott et al., Third-Party Defendants-Respondents

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

February 5, 1981


Attorney(s) appearing for the Case

Smyk & Smyk (Stephen D. Smyk of counsel), for George Russin and another, appellants.

Kramer, Wales & McAvoy (Robert H. Wedlake of counsel), for Louis N. Picciano & Son, defendant and third-party plaintiff-respondent-appellant.

Chernin & Gold (Martin J. Kane of counsel), for Matco Electric Co., Inc., defendant and third-party plaintiff-respondent-appellant.

Hinman, Howard & Kattell (Edward B. Flink of counsel), for Stellmack Air Conditioning and Refrigeration Corp., defendant and third-party plaintiff-respondent-appellant.

Davoli & McMahon, P. C. (Patrick J. Leary of counsel), for Village of Endicott, third-party defendant-respondent.

Levene, Gouldin & Thompson (Robert H. Reeder of counsel), for A. J. Cerasaro, Inc., third-party defendant-respondent.

MAHONEY, P. J., SWEENEY and CASEY, JJ., concur with KANE, J.; HERLIHY, J., dissents and votes to reverse in an opinion.


KANE, J.

Plaintiff George Russin was seriously injured in the course of his employment while descending from a scaffold he was dismantling at the direction of his employer, A. J. Cerasaro, Inc., the general contractor of the project. He attempted to use a ladder leaning against the scaffold to negotiate the last few feet of his descent, but it turned, causing him to fall to the ground. The ladder was the property...

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