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SMITH v. SHELL OIL CO.

85 N.Y.2d 1000 (1995)

654 N.E.2d 1210

630 N.Y.S.2d 962

Thomas R. Smith, Appellant, v. Shell Oil Company et al., Defendants and Third-Party Plaintiffs-Respondents. Island Pump and Tank Corp., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided June 8, 1995.

Attorney(s) appearing for the Case

Sordi & Sordi, Glen Cove (Michael C. Sordi of counsel), for appellant.

Ahmuty, Demers & McManus, Albertson (Richard J. DaVolio and Frederick B. Simpson of counsel), for Shell Oil Company, defendant and third-party plaintiff-respondent.

Smith Mazure Director Wilkins Young Yagerman & Tarallo, P. C., New York City (Robert I. Elan of counsel), for Rye Shell Auto Care, Ltd., defendant and third-party plaintiff-respondent.

Fiedelman & Hoefling, Jericho (Ross P. Masler of counsel), for third-party defendant-respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff was injured when he jumped off an eight-foot A-frame stepladder, which began to tip after he climbed four or five of its stairs to inspect a free-standing, illuminated Shell Oil sign at Rye Shell Auto Care, a Shell service station in Rye, New York. Plaintiff was employed as a maintenance mechanic by third-party defendant Island...

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