McDONALD v. NORTHSIDE SAV. BANK


184 A.D.2d 426 (1992)

James McDonald, Respondent, v. Northside Savings Bank, Appellant

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

June 25, 1992


Plaintiff was a laborer who arrived at defendant's premises to install a new roof. One of defendant's employees suddenly and without warning opened a cellar door through which plaintiff, who was carrying material, fell. As a result of the fall plaintiff sustained trauma to the L4-L5 spinal region, lumbar spinal stenosis and protrusion of a disc.

Defendant bank, through its control, occupancy, special use or ownership of the premises owed a duty of care to warn against...

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