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DIAMOND v. BANK OF NEW YORK

199 A.D.2d 65 (1993)

605 N.Y.S.2d 39

Samuel Diamond et al., Plaintiffs, v. Bank of New York, Appellant Bank of New York, Third-Party Plaintiff-Appellant, v. Envirochrome Decorating Co., Third-Party Defendant-Respondent Envirochrome Decorating Co., Fourth-Party Plaintiff-Respondent, v. Eastern Paint Industries, Inc., Fourth-Party Defendant-Respondent-Appellant Eastern Paint Industries, Inc., Fifth-Party Plaintiff-Respondent-Appellant, v. White Metal Rolling and Stamping Corp., Fifth-Party Defendant-Respondent

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

December 9, 1993

This is an action brought pursuant to Labor Law § 240 (1) in which plaintiff, a painter employed by third-party defendant Envirochrome and doing work at a branch of defendant Bank of New York, seeks to recover for injuries sustained as the result of a fall from a ladder. Plaintiff's motion for a directed verdict was timely since the Bank had closed its evidence with respect to the issue for which judgment was sought (see...

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