SOFIA v. CARLUCCI


122 A.D.2d 263 (1986)

Thomas Sofia et al., Respondents, v. Anthony Carlucci, Appellant. (And a Third-Party Action.)

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

July 28, 1986


Order reversed, on the law, without costs or disbursements, motion granted, and complaint dismissed.

The plaintiff Thomas Sofia was injured when he fell from a scaffold that his employer, the third-party defendant, had borrowed from the defendant. Although the record suggests that the absence of safety railings may have contributed to the happening of the accident, there is no evidence that the defendant was anything but a bailor of the scaffold in disassembled form...

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