Plaintiffs commenced this action pursuant to Labor Law § 240 (1) to recover for injuries sustained by plaintiff, Jose Fernandez, as a result of his fall from a ladder used by Mr. Fernandez while working as a painter in the lobby of the Sears Roebuck & Co. store located on East 32nd Street in Manhattan. The complaint alleged that on October 7, 1988 plaintiff was painting the ceiling of the Sears store lobby. In order to reach the ceiling plaintiff had to stand on...
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