COLOMBO v. CITY OF NEW YORK


216 A.D.2d 27 (1995)

627 N.Y.S.2d 642

Frank Colombo, Respondent, v. City of New York, Appellant and Third-Party Plaintiff-Appellant. Rosa Colombo, Doing Business as Italian Team Construction, Third-Party Defendant-Respondent

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

June 6, 1995


A fair interpretation of the evidence supports the jury's findings that defendant could have provided plaintiff with a jack that would have made the work place safe from the defect that caused the accident, and that its failure to do so was the sole proximate cause of plaintiff's injuries. "The plaintiff's injury was not due to the unsafe nature of the work but to [defendant's] failure to furnish a reasonably safe place in which to perform the work." (Colello v Stevenson...

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